eTrade 2005 Annual Report Download - page 342

EXHIBIT I
INSTRUCTION
FROM PURCHASE CONTRACT AGENT
TO COLLATERAL AGENT
(Recreation of Corporate Units)
The Bank of New York,
as Collateral Agent
101 Barclay Street, 8W
New York, NY 10286
Telecopier No.: 212-815-5707
Attention: Corporate Trust Division -
Corporate Finance Unit
R
e
:
Treasury Units of E*TRADE Financial Corporation (the “
Company
”).
Please refer to the Purchase Contract and Pledge Agreement dated as of November22, 2005 (the “
Agreement
”), between the Company
and The Bank of New York, as Collateral Agent, as Custodial Agent, as Securities Intermediary, as Purchase Contract Agent and as
attorney-in-fact for the holders of Corporate Units and Treasury Units from time to time. Capitalized terms used herein but not defined
shall have the meaning set forth in the Agreement.
We hereby notify you in accordance with Section3.14 of the Agreement that the holder of securities named below (the “
Holder
”) has
elected to substitute $Value of [Subordinated Notes] [Applicable Ownership Interests in the Treasury Portfolio] or security
entitlements with respect thereto in exchange for $Value of Pledged Treasury Securities relating to Treasury Units and has delivered to
the undersigned a notice stating that the holder has Transferred such [Subordinated Notes] [Applicable Ownership Interests in the
Treasury Portfolio] or security entitlements with respect thereto to the Securities Intermediary, for credit to the Collateral Account.
We hereby request that you instruct the Securities Intermediary, upon confirmation that such [Subordinated Notes] [Applicable
Ownership Interests in the Treasury Portfolio] or security entitlements with respect thereto have been credited to the Collateral
Account, to release to the undersigned $ Value of Treasury Securities or security entitlements with respect thereto related to
Treasury
Units of such Holder in accordance with Section3.14 of the Agreement.
THE BANK OF NEW YORK,
as Purchase Contract Agent
Dated:
__________
By:
Name:
Title:
Authorized Signatory
I-1
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2006. EDGAR Online, Inc.