0001193125-08-043757 Sample Contracts

CAPITAL ONE FINANCIAL CORPORATION Performance Unit Award Agreement No. of Performance Units:

Performance Unit Award Agreement • February 29th, 2008 • Capital One Financial Corp • State commercial banks • Delaware

• Contract Type
  Performance Unit Award Agreement
• Filed
  February 29th, 2008
• Company
  Capital One Financial Corp
• Industry
  State commercial banks
• Jurisdiction
  Delaware

THIS AGREEMENT, dated December 10, 2007 (the “Date of Grant”), between CAPITAL ONE FINANCIAL CORPORATION, a Delaware corporation (“Capital One”, or the “Company”), and (“you”), is made pursuant and subject to the provisions of the Company’s 2004 Stock Incentive Plan, as amended and restated (the “Plan”) and all terms used herein that are defined in the Plan shall have the same meaning given them in the Plan unless they are otherwise defined herein.

FIRST QUARTER 2006 AMENDMENT TO PROCESSING SERVICES AGREEMENT

Processing Services Agreement • February 29th, 2008 • Capital One Financial Corp • State commercial banks

• Contract Type
  Processing Services Agreement
• Filed
  February 29th, 2008
• Company
  Capital One Financial Corp
• Industry
  State commercial banks

This First Quarter 2006 Amendment to Processing Services Agreement (“First Quarter 2006 Amendment”) is effective as of the 19th day of May 2006, and is entered into by and between Capital One Services, Inc. (“Capital One”), a Delaware corporation having offices at 1680 Capital One Drive, McLean, Virginia 22102-3491, and Total System Services, Inc. (“TSYS”), a Georgia corporation having offices at 1600 First Avenue, Columbus, Georgia 31901-1804.