eTrade 2000 Annual Report Download - page 228

(i) Capital Contribution . This term shall have the meaning ascribed to it in Paragraph 5.1(b).
(j) Carry . The Company’ s twenty-five percent (25%) carried interest in the income of the Fund.
(k) Certificate . The Certificate of Formation of E*Trade VenturesII, LLC, a Delaware limited liability company.
(l) Code . The Internal Revenue Code of 1986, as amended from time to time (and any corresponding provisions of succeeding law).
(m) Defaulting Member . This term shall have the meaning ascribed to it in Paragraph5.4(a).
(n) Fiscal Quarter . This term shall have the meaning ascribed to it in Paragraph6.2(c).
(o) Fiscal Year . This term shall have the meaning ascribed to it in Paragraph6.2(d).
(p) Management Fee . The management fee receivable by the Company from the Fund.
(q) Net Income or Net Loss . This term shall have the meaning ascribed to it in Paragraph6.2(e).
(r) Percentage Interest . This term shall have the meaning ascribed to it in Paragraph 6.2(f).
(s) Sale or Exchange . This term shall have the meaning ascribed to it in Paragraph6.2(g).
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(t) Securities Act . The Securities Act of 1933, as amended from time to time.
(u) Securities . Securities of every kind and nature and rights and options with respect thereto, including stock, notes, bonds,
debentures, evidences of indebtedness and other business interests of every type, including interests in partnerships, joint ventures,
proprietorships and other business entities.
(v) TMP . This term shall have the meaning ascribed to it in Paragraph13.16.
(w) Termination Date . This term shall have the meaning ascribed to it in Paragraph2.1.
(x) Treasury Regulations . The Income Regulations promulgated under the Code, as such Regulations may be amended from time to
time (including corresponding provisions of succeeding Regulations).
ARTICLE II
TERM AND TERMINATION OF THE COMPANY
2.1. Term. The term of the Company shall continue until one(1) year after the dissolution of the Fund unless sooner terminated as
provided in Paragraph 2.2 or by operation of law or extended as provided in Paragraph2.3. The last day of the term of the Company, as
such may be extended as provided herein, is referred to herein as the “Termination Date.”
2.2. Termination. The Company shall terminate prior to the end of the period specified in Paragraph2.1 at the election of the
Managing Members. The Managing Members shall deliver notice of such termination to the Non-Managing Members.
2.3. Extension of Term. The term of the Company may be extended by the Managing Members. The Managing Members shall
provide notice of any such extension to the Non-Managing Members.
ARTICLE III
INITIAL MEMBERS; CHANGES IN MEMBERSHIP
3.1. Name and Address. The persons listed on ExhibitA are hereby admitted as Members of the Company. ExhibitA shall be
amended from time to time to reflect changes in the membership of the Company (including the admission of Additional Members).
Any such amended ExhibitA shall supersede all prior ExhibitA’ s and become part of this Agreement and shall be kept on file atthe
principal office of the Company.
2002. EDGAR Online, Inc.