eTrade 2005 Annual Report Download - page 305

ARTICLE 16
MISCELLANEOUS
Section16.01
Security Interest Absolute
. All rights of the Collateral Agent and security interests hereunder, and all obligations of the
Holders from time to time hereunder pursuant to the Pledge, shall be absolute and unconditional irrespective of:
(a) any lack of validity or enforceability of any provision of the Purchase Contracts or the Units or any other agreement or instrument
relating thereto;
(b) any change in the time, manner or place of payment of, or any other term of, or any increase in the amount of, all or any of the
obligations of Holders of the Units under the related Purchase Contracts, or any other amendment or waiver of any term of, or any
consent to any departure from any requirement of, the Purchase Contract Agreement or any Purchase Contract or any other agreement
or instrument relating thereto; or
(c) any other circumstance which might otherwise constitute a defense available to, or discharge of, a borrower, a guarantor or a
pledgor.
Section16.02
Notice of Special Event, Special Event Redemption and Termination Event
. Upon the occurrence of a Special Event, a
Special Event Redemption or a Termination Event, the Company shall deliver written notice to the Purchase Contract Agent, the
Collateral Agent and the Securities Intermediary. Upon the written request of the Collateral Agent or the Securities Intermediary, the
Company shall inform such party whether or not a Special Event, a Special Event Redemption or a Termination Event has occurred.
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