eTrade 2005 Annual Report Download - page 365

(r) any trustees, depositaries, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the
Securities of such series;
(s) any additions, modifications or deletions in the Defaults, Events of Default or covenants of the Issuer set forth herein with respect
to the Securities of such series;
(t) any modifications to the definition of Senior Indebtedness, as contemplated by clause (ii)thereof; and
(u) any other terms of the series.
All Securities of any one series and Coupons, if any, appertaining thereto, shall be substantially identical, except in the case of
Registered Securities as to denomination and except as may otherwise be provided by or pursuant to the Board Resolution or Officer’s
Certificate referred to above or as set forth in any such indenture supplemental hereto. All Securities of any one series need not be
issued at the same time and may be issued from time to time, consistent with the terms of this Indenture, if so provided by or pursuant
to such Board Resolution, such Officer’s Certificate or in any such indenture supplemental hereto.
Notwithstanding Section2.03(b) hereof and unless otherwise expressly provided with respect to a series of Securities, the aggregate
principal amount of a series of Securities may be increased and additional Securities of such series may be issued up to the maximum
aggregate principal amount authorized with respect to such series as increased.
Section2.04
. Authentication and Delivery of Securities.
The Issuer may deliver Securities of any series having attached thereto
appropriate Coupons, if any, executed by the Issuer to the Trustee for authentication together with the applicable documents referred
to below in this Section, and the Trustee shall thereupon authenticate and deliver such Securities to or upon the order of the Issuer
(contained in the Issuer Order referred to below in this Section) or pursuant to such procedures acceptable to the Trustee and to such
recipients as may be specified from time to time by an Issuer Order. The maturity date, original issue date, interest rate and any other
terms of the Securities of such series and Coupons, if any, appertaining thereto (including Redemption Notice Periods) shall be
determined by or pursuant to such Issuer Order and procedures. If provided for in such procedures, such Issuer Order may authorize
authentication and delivery pursuant to oral instructions from the Issuer or its duly authorized agent, which instructions shall be
promptly confirmed in writing. In authenticating such Securities and accepting the additional responsibilities under this Indenture in
relation to such Securities, the Trustee shall be entitled to receive (in the case of subparagraphs (b), (c)and (d)below only at or before
the time of the first request of the Issuer to the Trustee to authenticate Securities of such series) and (subject to Section6.01) shall be
fully protected in relying upon, unless and until such documents have been superceded or revoked:
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