eTrade 2005 Annual Report Download - page 229

(e) the following terms have the meanings given to them in this Section1.01(e):
“
Accounting Event
” has the meaning set forth in the Supplemental Indenture.
“
Act
” has the meaning, with respect to any Holder, set forth in Section1.04.
“
Affiliate
” of any specified Person means any other Person directly or indirectly controlling or controlled by or under direct or
indirect common control with such specified Person. For the purposes of this definition, “control” when used with respect to any
specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the
ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to
the foregoing.
“
Agreement
” means this instrument as originally executed or as it may from time to time be supplemented or amended by one or more
agreements supplemental hereto entered into pursuant to the applicable provisions hereof.
“
Applicable Market Value
” has the meaning set forth in Section5.01(a).
“
Applicable Ownership Interest in the Treasury Portfolio
” shall mean, with respect to a Corporate Unit and the Treasury Portfolio,
(i)1/40
th
or a 2.5% undivided beneficial ownership interest in $1,000 face amount of U.S. treasury securities (or principal or interest
strips thereof) included in such Treasury Portfolio that matures on or prior to November17, 2008, and (ii)for each scheduled Payment
Date on the Subordinated Notes that occurs after the Special Event Redemption Date to and including the Purchase Contract
Settlement Date, a 0.03828125% undivided beneficial ownership interest in $1,000 face amount of U.S. treasury securities (or principal
or interest strips thereof) included in such Treasury Portfolio that mature on or prior to the Business Day immediately preceding such
scheduled Payment Date.
“
Applicable Ownership Interest in Subordinated Notes
” means, a 2.5% undivided beneficial ownership interest in $1,000 principal
amount of Subordinated Notes that is a component of a Corporate Unit, and “
Applicable Ownership Interests in Subordinated Notes
” means the aggregate of each Applicable Ownership Interest in Subordinated Notes that is a component of each Corporate Unit then
Outstanding.
“
Applicants
” has the meaning set forth in Section7.12(b).
“
Bankruptcy Code
” means Title 11 of the United States Code, or any other law of the United States that from time to time provides a
uniform system of bankruptcy laws.
“
Beneficial Owner
” means, with respect to a Book-Entry Interest, a Person who is the beneficial owner of such Book-Entry Interest
as reflected on the books of the Depositary or on the books of a Person maintaining an account with such Depositary (directly as a
Depositary Participant or as an indirect participant, in each case in accordance with the rules of such Depositary).
“
Board of Directors
” means the board of directors of the Company or a duly authorized committee of that board.
“
Board Resolution
” means one or more resolutions of the Board of Directors, a copy of which has been certified by the Secretary or
an Assistant Secretary of the Company to have been duly adopted by the Board of Directors and to be in full force and effect on the
date of such certification and delivered to the Purchase Contract Agent.
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