QuickLinks -- Click here to rapidly navigate through this documentThinkorswim Group Inc. • March 16th, 2009 • Security brokers, dealers & flotation companies
This letter agreement (the "Letter Agreement") confirms and documents your rights in the event of a Change in Control of thinkorswim Group, Inc. (the "Company") on or after the date hereof. "Change in Control" means a change in the ownership or effective control, or a change in the ownership of a substantial portion of the assets, of the Company, within the meaning of Section 409A(a)(2)(A)(v) of the Internal Revenue Code of 1986, as amended (the "Code") and U.S. Treasury Regulation Section 1.409A-3(i)(5).
EMPLOYMENT AGREEMENT OF PETER SANTORIThinkorswim Group Inc. • March 16th, 2009 • Security brokers, dealers & flotation companies • New York
In consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, INVESTOOLS INC., a corporation having an address of 13947 S. Minuteman Drive, Draper, UT, 84020, (the "Company") and PETER SANTORI ("Executive") intending to be legally bound, hereby agree as follows:
THINKORSWIM GROUP INC. FORM OF RESTRICTED STOCK AWARD AGREEMENT UNDER THE AMENDED AND RESTATED 2004 RESTRICTED STOCK PLANThinkorswim Group Inc. • March 16th, 2009 • Security brokers, dealers & flotation companies • Delaware
