eTrade 2005 Annual Report Download - page 235

(3) investments with an original maturity of 365 days or less of any Person that is fully and unconditionally guaranteed by a bank
referred to in clause (2);
(4) repurchase agreements and reverse repurchase agreements relating to marketable direct obligations issued or unconditionally
guaranteed by the United States of America or issued by any agency thereof and backed as to timely payment by the full faith and
credit of the United States of America;
(5) investments in commercial paper, other than commercial paper issued by the Company or its affiliates, of any corporation
incorporated under the laws of the United States or any State thereof, which commercial paper has a rating at the time of purchase at
least equal to “
A-1
” by Standard& Poor’s Ratings Services (“
S&P
”) or at least equal to “
P-1
” by Moody’s Investors Service, Inc.
(“
Moody’s
”); and
(6) investments in money market funds (including, but not limited to, money market funds managed by the Collateral Agent or an
affiliate of the Collateral Agent) registered under the Investment Company Act of 1940, as amended, rated in the highest applicable
rating category by S&P or Moody’s.
“
Person
” means a legal person, including any individual, corporation, estate, partnership, joint venture, association, joint-stock
company, limited liability company, trust, unincorporated organization or government or any agency or political subdivision thereof or
any other entity of whatever nature.
“
Plan
” means an employee benefit plan that is subject to ERISA, a plan or individual retirement account that is subject to Section4975
of the Code or any entity whose assets are considered assets of any such plan.
“
Pledge
” means the lien and security interest in the Collateral created by this Agreement.
“
Pledged Applicable Ownership Interests in Subordinated Notes
” means the Applicable Ownership Interests in Subordinated Notes
and security entitlements with respect thereto from time to time credited to the Collateral Account and not then released from the
Pledge.
“
Pledged Applicable Ownership Interests in the Treasury Portfolio
” means the Applicable Ownership Interests in the Treasury
Portfolio (as specified in clause (i)of the definition thereof) and security entitlements with respect thereto from time to time credited to
the Collateral Account and not then released from the Pledge.
“
Pledged Securities
” means the Pledged Applicable Ownership Interests in Subordinated Notes, the Pledged Applicable Ownership
Interests in the Treasury Portfolio and the Pledged Treasury Securities, collectively.
“
Pledged Treasury Securities
” means Treasury Securities and security entitlements with respect thereto from time to time credited to
the Collateral Account and not then released from the Pledge.
“
Pledge Indemnitees
” has the meaning set forth in Section15.08(b).
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2006. EDGAR Online, Inc.