eTrade 2005 Annual Report Download - page 357

“
Default,
” with respect to Securities of any series wherever used herein, means each one of the following events which shall have
occurred and be continuing (whatever the reason for such Default and whether it shall be voluntary or involuntary or be effected by
operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or
governmental body) unless it is specifically deleted or modified in the supplemental indenture, if any, under which such series of
Securities is issued:
(a) default in the payment of any installment of interest upon any of the Securities of such series as and when the same shall become
due and payable, and continuance of such default for a period of 30 days; or
(b) default in the payment of all or any part of the principal on any of the Securities of such series as and when the same shall become
due and payable either at maturity, upon any redemption, by declaration or otherwise; or
(c) failure on the part of the Issuer duly to observe or perform any other of the covenants or agreements on the part of the Issuer in the
Securities of such series (other than a covenant or warranty in respect of the Securities of such series a default in the performance or
breach of which is elsewhere in this Section or in Section5.01 specifically dealt with) or contained in this Indenture for a period of 60
days after the date on which written notice specifying such failure, stating that such notice is a “Notice of Default” hereunder and
demanding that the Issuer remedy the same, shall have been given by registered or certified mail, return receipt requested, to the Issuer
by the Trustee, or to the Issuer and the Trustee by the holders of at least 25% in aggregate principal amount of the Outstanding
Securities of all series affected thereby; or
(d) an Event of Default with respect to such series specified in Section5.01; or
(e) any other Default provided in the supplemental indenture under which such series of Securities is issued or in the form of Security
for such series.
“
Depositary
” means, with respect to the Securities of any series issuable or issued in the form of one or more Registered Global
Securities, the Person designated as Depositary by the Issuer pursuant to Section2.03 until a successor Depositary shall have become
such pursuant to the applicable provisions of this Indenture, and thereafter “
Depositary
” shall mean or include each Person who is
then a Depositary hereunder, and if at any time there is more than one such Person, “
Depositary
” as used with respect to the
Securities of any such series shall mean the Depositary with respect to the Registered Global Securities of that series.
“
Dollar
” means the coin or currency of the United States of America as at the time of payment is legal tender for the payment of
public and private debts.
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2006. EDGAR Online, Inc.