BroadSoft, Inc. Common Stock ($0.01 par value per share) Underwriting AgreementUnderwriting Agreement • June 1st, 2010 • Broadsoft Inc • Services-prepackaged software • New York
BroadSoft, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom you are acting as Representative (“Representative”) an aggregate of 5,048,131 shares of Common Stock ($0.01 par value per share) (“Stock”) of the Company and, at the election of the Underwriters, up to an additional 681,764 shares of Stock. Certain of the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of 2,451,869 shares and, at the election of the Underwriters, certain Selling Stockholders will sell up to 443,236 additional shares of Stock. The aggregate of 7,500,000 shares to be sold by the Company and certain of the Selling Stockholders is herein called the “Firm Shares” and the aggregate of 1,125,000 additional shares to be sold by the
BroadSoft, Inc. Restricted Stock Unit Award Agreement (Amended and Restated 2009 Equity Incentive Plan)Restricted Stock Unit Award Agreement • June 1st, 2010 • Broadsoft Inc • Services-prepackaged software • Delaware
Pursuant to the Restricted Stock Unit Grant Notice (“Grant Notice”) and this Restricted Stock Unit Award Agreement (“Agreement”), BroadSoft, Inc. (the “Company”) has awarded Participant a Restricted Stock Unit Award pursuant to the Company’s Amended and Restated 2009 Equity Incentive Plan (the “Plan”) for the number of restricted stock units (“RSUs”) indicated in the Grant Notice (collectively, the “Award”). Capitalized terms not explicitly defined in this Agreement but defined in the Plan shall have the same definitions as in the Plan. Subject to adjustment and the terms and conditions as provided herein and in the Plan, each RSU shall represent the right to receive one (1) share of Common Stock.
BroadSoft, Inc. Amended and Restated 2009 Equity Incentive Plan Option Agreement (Incentive Stock Option or Nonstatutory Stock Option)Broadsoft Inc • June 1st, 2010 • Services-prepackaged software • Delaware
Pursuant to your Stock Option Grant Notice (“Grant Notice”) and this Option Agreement, BroadSoft, Inc. (the “Company”) has granted you an option under its Amended and Restated 2009 Equity Incentive Plan (the “Plan”) to purchase the number of shares of the Company’s Common Stock indicated in your Grant Notice at the exercise price indicated in your Grant Notice. Defined terms not explicitly defined in this Option Agreement but defined in the Plan shall have the same definitions as in the Plan.
