ARTICLE I EMPLOYMENT AND DUTIESEmployment Agreement • April 16th, 2002 • Investools Inc • Services-computer integrated systems design • Texas
ARTICLE I EMPLOYMENT AND DUTIESEmployment Agreement • April 16th, 2002 • Investools Inc • Services-computer integrated systems design • Texas
CREDIT AGREEMENT dated as of February 13, 2007, among INVESTOOLS INC., as Borrower, The Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative AgentCredit Agreement • May 10th, 2007 • Investools Inc • Services-educational services • New York
CREDIT AGREEMENT dated as of February 13, 2007 (this “Agreement”), among INVESTOOLS INC., a Delaware corporation, as Borrower; the LENDERS from time to time party hereto; and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
Exhibit 10.36 ADDENDUM TO AGREEMENT This ADDENDUM TO AGREEMENT ("ADDENDUM") is made and entered into as of this 12th day of April, 2002, by and among MKZ Fund, LLC, a limited liability company ("MKZ FUND"); The McKenna Group, LLC, a California limited...Addendum to Agreement • April 22nd, 2002 • Investools Inc • Services-computer integrated systems design • California
EXHIBIT 10.34 FIFTH AMENDMENT TO OFFICE LEASE AGREEMENT This FIFTH AMENDMENT TO OFFICE LEASE AGREEMENT (the "Fifth Amendment") is entered into by and between WIREDZONE PROPERTY, L.P., successor-in-interest to Chevron U.S.A., Inc. ("Landlord"), with...Office Lease Agreement • April 16th, 2002 • Investools Inc • Services-computer integrated systems design
VOTING AGREEMENTVoting Agreement • January 9th, 2009 • Thinkorswim Group Inc. • Security brokers, dealers & flotation companies • Delaware
THIS VOTING AGREEMENT (this “Agreement”) is made and entered into as of January 8, 2009 by and between TD AMERITRADE Holding Corporation, a Delaware corporation (“Parent”), and the undersigned Stockholder (the “Stockholder”) of thinkorswim Group Inc., a Delaware corporation (the “Company”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 30th, 2004 • Investools Inc • Services-educational services • Texas
This Employment Agreement (this “Agreement”) is made by and between INVESTools Inc., a Delaware corporation (the “Company”), and Lee K. Barba (“Employee”) effective as of December 6, 2001 (the “Effective Date”).
AGREEMENT AND PLAN OF MERGER BY AND AMONG TD AMERITRADE HOLDING CORPORATION TANGO ACQUISITION CORPORATION ONE TANGO ACQUISITION CORPORATION TWO AND THINKORSWIM GROUP INC. Dated as of January 8, 2009Merger Agreement • January 12th, 2009 • Thinkorswim Group Inc. • Security brokers, dealers & flotation companies • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this "Agreement") is made and entered into as of January 8, 2009 by and among TD AMERITRADE Holding Corporation, a Delaware corporation ("Parent"), Tango Acquisition Corporation One, a Delaware corporation and a direct, wholly-owned subsidiary of Parent ("Merger Sub One"), Tango Acquisition Corporation Two, a Delaware corporation and a direct, wholly-owned subsidiary of Parent ("Merger Sub Two" and together with Merger Sub One, the "Merger Subs"), and thinkorswim Group Inc., a Delaware corporation (the "Company"). All capitalized terms that are used in this Agreement shall have the respective meanings ascribed thereto in Article I.
TERMINATION AGREEMENT AND GENERAL RELEASETermination Agreement • November 14th, 2003 • Investools Inc • Services-educational services • Utah
THIS TERMINATION AGREEMENT AND GENERAL RELEASE (the “Agreement”) is executed on this 26th day of August, 2003 by and between INVESTools, Inc., a Delaware corporation (the “Company”) and Scott Elder (“Employee”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • May 10th, 2007 • Investools Inc • Services-educational services • Utah
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made by and between Investools Inc., a Delaware corporation (the “Company”), and Lee K. Barba (the “Executive”) effective as of February 15, 2007 (the “Effective Date”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • May 10th, 2007 • Investools Inc • Services-educational services • Illinois
This Executive Employment Agreement (the “Agreement”) is made and entered into as of the 15th day of February, 2007, by and between Scott Sheridan (the “Executive”) and INVESTools Inc. (the “Company”).
THINKORSWIM GROUP INC. RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • April 17th, 2009 • Thinkorswim Group Inc. • Security brokers, dealers & flotation companies • Delaware
thinkorswim Group Inc. (the "Company") hereby grants you, [ ] (the "Grantee"), the number of Restricted Stock Units indicated below under the thinkorswim Group Inc. Second Amended and Restated 2001 Stock Option Plan (the "Plan"). Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Restricted Stock Unit Agreement (the "Agreement") and each Appendix. Subject to the provisions of Appendix A and B (attached) and of the Plan, the principal terms of this grant are as follows:
EMPLOYMENT AGREEMENTEmployment Agreement • March 10th, 2004 • Investools Inc • Services-educational services • New York
This Employment Agreement (“Agreement”) is entered into this 26th day of February, 2004, by and between Don Klabunde (“Executive”) and INVESTools Inc. (the “Company”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • January 8th, 2009 • Thinkorswim Group Inc. • Security brokers, dealers & flotation companies • Utah
This Executive Employment Agreement (the “Agreement”) is made and entered into as of the 31st day of December 2008, by and between Ida K. Kane (“Executive”) and thinkorswim Group Inc. formerly Investools Inc. (the “Company”).
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement • May 3rd, 2005 • Investools Inc • Services-educational services • Utah
This Separation Agreement and General Release (the “Agreement”) is by and between INVESTools Inc., a Delaware corporation (the “Company”), and Don Klabunde (“Employee”).
August 13, 2001 ZiaSun Technologies, Inc. 665 San Rodolfo Drive, Suite 120 Solana Beach, CA 90275 Re: Agreement and Plan of Merger, dated May 3, 2001 between ZiaSun Technologies, Inc. and Telescan, Inc. Ladies and Gentlemen: We have acted as counsel...Agreement and Plan of Merger • August 14th, 2001 • Investools Inc
We have acted as counsel to ZiaSun Technologies, Inc., a Nevada corporation ("ZiaSun") in connection with the Agreement and Plan of Merger (the "Merger Agreement") dated as of May 3, 2001, between Telescan, Inc. ("Telescan"), a Delaware corporation, and ZiaSun, pursuant to which ZiaSun and Telescan organized INVESTools, a Delaware corporation ("INVESTools"), ZiaSun Merger Sub, a Nevada corporation and a wholly owned subsidiary of INVESTools ("ZiaSun Merger Sub"), shall be merged with and into ZiaSun with ZiaSun surviving as a subsidiary of INVESTools (the "ZiaSun Merger"), and Telescan Merger Sub, organized as a Delaware corporation and a wholly owned subsidiary of INVESTools ("Telescan Merger Sub"), shall be merged with and into Telescan with Telescan surviving as a subsidiary of INVESTools (the "Telescan Merger" and, together with the ZiaSun Merger, the "Mergers") on the terms and conditions set forth therein, the time at which the Mergers become effective being hereafter referred to
QuickLinks -- Click here to rapidly navigate through this documentChange in Control Agreement • March 16th, 2009 • Thinkorswim Group Inc. • 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).
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 7th, 2006 • Investools Inc • Services-educational services
This Amendment to Executive Employment Agreement (the “Amendment”) is entered into effective as of the 22nd day of February, 2006, by and between INVESTools Inc. (the “Company”) and Timothy Knight (the “Executive”).
AGREEMENT AND PLAN OF MERGER BY AND AMONG INVESTOOLS INC., SES ACQUISITION CORP., SERVICE ENHANCEMENT SYSTEMS, INC., TED B. SHUEL AND JAMIE LYNN SPEAS SHUEL, AS TRUSTEE OF THE SHUEL FAMILY TRUST, SCOTT K. WALTZ, INDIVIDUALLY TED B. SHUEL, INDIVIDUALLY...Merger Agreement • March 10th, 2004 • Investools Inc • Services-educational services
This AGREEMENT AND PLAN OF MERGER, dated as of February 26, 2004 (the “Agreement”), is by and among INVESTOOLS INC., a Delaware corporation (“Parent”), SES ACQUISITION CORP., a California corporation and a wholly owned subsidiary of Parent (“Merger Sub”), SERVICE ENHANCEMENT SYSTEMS, INC., a California corporation (the “Company”), each of Ted B. Shuel and Jamie Lynn Speas Shuel in their respective capacity as Trustee of THE SHUEL FAMILY TRUST under the First Amendment to the Shuel Family Trust Agreement dated September 25, 1997 (the “Trust”), SCOTT WALTZ, individually (“Mr. Waltz”), TED B. SHUEL, individually (“Mr. Shuel”), and JAMIE LYNN SPEAS SHUEL, individually (“Mrs. Shuel”). Each of the Trust and Mr. Waltz is a “Shareholder” and, collectively, they are sometimes referred to as the “Shareholders.”
RECITALSTransfer, Consent and Settlement Agreement • April 22nd, 2002 • Investools Inc • Services-computer integrated systems design • California
TRANSITION SETTLEMENT AGREEMENTTransition Settlement Agreement • March 21st, 2003 • Investools Inc • Services-educational services
This license and collaboration Agreement (“Agreement”) is made effective as of the Effective Date given on the signature page and entered into at Provo, Utah, USA, by and among the following parties:
TRANSITION AGREEMENTTransition Agreement • May 4th, 2005 • Investools Inc • Services-educational services • New York
THIS TRANSITION AGREEMENT (this “Agreement”) dated May 2, 2005, is by and between INVESTools Inc., a Delaware corporation (“INVESTools”), and CNBC, Inc., a Delaware corporation (“CNBC”). Each of INVESTools and CNBC is a “Party” and, collectively, they are the “Parties.”
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • January 19th, 2005 • Investools Inc • Services-educational services • Utah
This Executive Employment Agreement (the “Agreement”) is made and entered into as of the 17th day of January 2005, by and between Ida K. Kane (“Executive”) and INVESTools Inc. (the “Company”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • May 10th, 2007 • Investools Inc • Services-educational services • Utah
This Executive Employment Agreement (the “Agreement”) is made and entered into as of the 15th day of February 2007, by and between Ida K. Kane (“Executive”) and Investools Inc. (the “Company”).
EMPLOYMENT AGREEMENTEmployment Agreement • December 14th, 2005 • Investools Inc • Services-educational services • 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 Ainslie Simmonds, of 36 Glen Avenue, Norwalk, CT, 06850, (“Employee”) intending to be legally bound, hereby agree as follows:
LICENSE AND COLLABORATION AGREEMENTLicense and Collaboration Agreement • March 21st, 2003 • Investools Inc • Services-educational services
This license and collaboration Agreement (“Agreement”) is made effective as of August 1, 2002 (“Effective Date”), and entered into at Provo, Utah, USA, by and among the following parties:
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • February 1st, 2005 • Investools Inc • Services-educational services • California
This Executive Employment Agreement (“Agreement”) is entered into this 26th day of January, 2005, by and between Timothy Knight (“Executive”) and INVESTools Inc. (the “Company”).
EMPLOYMENT AGREEMENT OF PETER SANTORIEmployment Agreement • March 16th, 2009 • Thinkorswim Group Inc. • 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:
EMPLOYMENT AGREEMENTEmployment Agreement • March 21st, 2003 • Investools Inc • Services-educational services • Texas
This Employment Agreement (this “Agreement”) is made by and between INVESTools Inc., a Delaware corporation (the “Company”), and Ross Jardine (“Employee”) effective as of December 6, 2001 (the “Effective Date”).
THINKORSWIM GROUP INC. FORM OF RESTRICTED STOCK AWARD AGREEMENT UNDER THE AMENDED AND RESTATED 2004 RESTRICTED STOCK PLANRestricted Stock Award Agreement • March 16th, 2009 • Thinkorswim Group Inc. • Security brokers, dealers & flotation companies • Delaware
STOCK PURCHASE AGREEMENTStock Purchase Agreement • February 1st, 2005 • Investools Inc • Services-educational services
THIS STOCK PURCHASE AGREEMENT, dated as of January 26, 2005 (the “Agreement”), is by and among INVESTOOLS INC., a Delaware corporation (the “Purchaser”), PROPHET FINANCIAL SYSTEMS, INC., a California corporation (the “Company”), each of Timothy Knight and Andreas Bechtolsheim (together, the “Primary Shareholders”) and each of the individuals or entities listed on Exhibit A hereto (collectively, the “Other Shareholders,” and together with the Primary Shareholders, the “Shareholders”). Each of the Purchaser, the Company and the Shareholders is a “Party” and, collectively, they are the “Parties.”
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement • October 25th, 2004 • Investools Inc • Services-educational services • New York
This Separation Agreement and General Release (the "Agreement") is by and between INVESTools Inc., a Delaware corporation (the "Company"), and Scott Waltz ("Employee").
AGREEMENT AND PLAN OF MERGERMerger Agreement • September 20th, 2006 • Investools Inc • Services-educational services • Delaware
AGREEMENT AND PLAN OF MERGER, dated as of September 18, 2006 (the “Agreement”), among INVESTools Inc., a Delaware corporation (“Parent”), Atomic Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and thinkorswim Group, Inc., a Delaware corporation (the “Company”).
EMPLOYMENT AGREEMENTEmployment Agreement • May 10th, 2007 • Investools Inc • Services-educational services • 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 Ainslie Simmonds, of 36 Glen Avenue, Norwalk, CT, 06850, (“Employee”) intending to be legally bound, hereby agree as follows:
INDEMNITY AGREEMENTIndemnification Agreement • March 31st, 2005 • Investools Inc • Services-educational services • Delaware
WHEREAS, the Company and Indemnitee desire that Indemnitee continue to serve as a director and/or officer of the Company; and
