eTrade 2005 Annual Report Download - page 344

EXHIBIT J
INSTRUCTION
FROM COLLATERAL AGENT
TO SECURITIES INTERMEDIARY
(Recreation of Corporate Units)
The Bank of New York,
as Securities Intermediary
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
”).
The securities account of The Bank of New York, as Collateral Agent, maintained by the Securities Intermediary and designated “The
Bank of New York, as Collateral Agent of E*TRADE Financial Corporation, as pledgee of The Bank of New York, as the Purchase
Contract Agent on behalf of and as attorney-in-fact for the Holders” (the “
Collateral Account
”).
Please refer to the Purchase Contract and Pledge Agreement dated as of November22, 2005 (the “
Agreement
”), among 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.
When you have confirmed that $Value of [Subordinated Notes] [Applicable Ownership Interests in the Treasury Portfolio] or security
entitlements with respect thereto has been credited to the Collateral Account by or for the benefit of, as Holder of Treasury Units (the
“
Holder
”), you are hereby instructed to release from the Collateral Account $
Value of Treasury Securities or security entitlements
thereto by Transfer to the Purchase Contract Agent.
THE BANK OF NEW YORK,
as Collateral Agent
Dated:
__________
By:
Name:
Title:
Authorized Signatory
J-1
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2006. EDGAR Online, Inc.