Common use of Options and Restricted Stock Units Clause in Contracts

Options and Restricted Stock Units. In consideration for entering into this Agreement, upon the Effective Date, the Company shall grant to the Executive options to purchase 600,000 shares of the Company’s common stock and 500,000 restricted stock units, vesting in equal amounts on each of the first, second and third anniversaries of the Effective Date, and subject to other conditions set forth in the applicable award agreements substantially in the form previously provided to the Executive. Unless otherwise provided in this Agreement or in the applicable award agreements, any such unvested options or restricted stock units shall be forfeited by the Executive upon the termination of the Executive’s employment with the Employer. Except as expressly set forth in this Agreement, the grant of options and restricted stock units contemplated by this Section 5(c) shall be governed by and be subject to the terms and conditions set forth in the CapitalSource Inc. Third Amended and Restated Equity Incentive Plan, as amended from time to time (the “Plan”), and shall be documented and evidenced by award agreements under the Plan to be executed by the Employer and the Executive. These grants are intended to reflect the equity grants to the Executive for the three years 2010, 2011 and 2012; provided, however, that nothing herein shall be construed to preclude the making of additional grants to the Executive if the Board (or Compensation Committee of the Board, as applicable) so determines.