eTrade 2005 Annual Report Download - page 233

“
Failed Remarketing
” has the meaning set forth in Section5.02(b)(iii).
“
Final Remarketing Date
” means the third Business Day immediately preceding the Purchase Contract Settlement Date.
“
Fixed Settlement Rate
” means each of the Minimum Settlement Rate and the Maximum Settlement Rate.
“
Global Certificate
” means a Certificate that evidences all or part of the Units and is registered in the name of the Depositary or a
nominee thereof.
“
Holder
” means, with respect to a Unit, the Person in whose name the Unit evidenced by a Certificate is registered in the Security
Register.
“
Indenture
” means the Indenture, dated as of November22, 2005, between the Company and the Indenture Trustee (including any
provisions of the TIA that are deemed incorporated therein), as amended and supplemented by the Supplemental Indenture pursuant
to which the Subordinated Notes will be issued.
“
Indemnitees
” has the meaning set forth in Section7.07(c).
“
Indenture Trustee
” means The Bank of New York, a New York banking corporation, as trustee under the Indenture, or any
successor thereto as described in the Indenture.
“
Initial Remarketing Date
” means the fifth Business Day immediately preceding the Purchase Contract Settlement Date.
“
Issuer Order
” or “Issuer Request” means a written order or request signed in the name of the Company by (i)either its Chief
Executive Officer, its President or one of its Vice Presidents, and (ii)either its Corporate Secretary or one of its Assistant Corporate
Secretaries or its Treasurer or one of its Assistant Treasurers, and delivered to the Purchase Contract Agent.
“
Losses
” has the meaning set forth in Section15.08(b).
“
Maximum Settlement Rate
” has the meaning set forth in Section5.01(a).
“
Minimum Settlement Rate
” has the meaning set forth in Section5.01(a).
“
non-electing share
” has the meaning set forth in Section5.04(b)(i).
“
NYSE
” has the meaning set forth in Section5.01(a).
“
Obligations
” means, with respect to each Holder, all obligations and liabilities of such Holder under such Holder’s Purchase
Contract and this Agreement or any other document made, delivered or given in connection herewith or therewith, in each case
whether on account of principal, interest (including, without limitation, interest accruing before and after the filing of any petition in
bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to such Holder, whether or not a claim
for post-filing or post-petition interest is allowed in such proceeding), fees, indemnities, costs, expenses or otherwise (including,
without limitation, all fees and disbursements of counsel to the Company or the Collateral Agent or the Securities Intermediary that are
required to be paid by the Holder pursuant to the terms of any of the foregoing agreements).
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2006. EDGAR Online, Inc.