eTrade 2005 Annual Report Download - page 349

EXHIBIT M
INSTRUCTION TO CUSTODIAL AGENT REGARDING
WITHDRAWAL FROM REMARKETING
The Bank of New York,
as Custodial Agent
101 Barclay Street, 8W
New York, NY 10286
Telecopier No.: 212-815-5707
Attention: Corporate Trust Division -
Corporate Finance Unit
R
e
:
Subordinated Notes Due 2018 of E*TRADE Financial Corporation (the “
Company
”).
The undersigned hereby notifies you in accordance with Section5.02(b)(ii) of the Purchase Contract and Pledge Agreement, dated as
of November22, 2005 (the “
Agreement
”), among the Company and you, as Collateral Agent, Custodial Agent and Securities
Intermediary, and The Bank of New York, as Purchase Contract Agent and as attorney-in-fact for the holders of Corporate Units and
Treasury Units from time to time, that the undersigned elects to withdraw the $aggregate principal amount of Separate Subordinated
Notes delivered to you for Remarketing pursuant to Section5.02 of the Agreement. The undersigned hereby instructs you to return
such Separate Subordinated Notes to the undersigned in accordance with the undersigned’s instructions. With this notice, the
Undersigned hereby agrees to be bound by the terms and conditions of Section5.02(b) of the Agreement. Capitalized terms used herein
but not defined shall have the meaning set forth in the Agreement.
Dated:
__________
By:
Name:
Title:
SignatureGuarantee: ___________________________
Name
Address
Social Security or other Taxpayer Identification Number, if any
M-1
Exhibit 4.12

2006. EDGAR Online, Inc.