eTrade 2005 Annual Report Download - page 396

Upon acceptance of appointment by any successor trustee as provided in this Section6.11, the Issuer shall give notice thereof (i)if any
Unregistered Securities of a series affected are then Outstanding, to the Holders thereof, (A)by mail to such Holders who have filed
their names and addresses with the Trustee within the two years preceding the notice at such addresses as were so furnished to the
Trustee and (B)either through the customary notice provisions of the clearing system or systems through which beneficial interests in
such Unregistered Securities are owned if such Unregistered Securities are held only in global form or by publication at least once in
an Authorized Newspaper in the Borough of Manhattan, The City of New York, and at least once in an Authorized Newspaper in
London, and (ii)if any Registered Securities of a series affected are then Outstanding, by mailing notice to the Holders of then
Outstanding Registered Securities of each series affected at their addresses as they shall appear on the registry books. If the
acceptance of appointment is substantially contemporaneous with the resignation, then the notice called for by the preceding
sentence may be combined with the notice called for by Section6.10. If the Issuer fails to give such notice within ten days after
acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the
Issuer.
Section6.12
. Merger, Conversion, Consolidation or Succession to Business of Trustee.
Any corporation or national association into
which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or national association
resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or national
association succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee
hereunder, provided that such corporation or national association shall be qualified under Section310(b) of the Trust Indenture Act of
1939 and eligible under the provisions of Section6.08, without the execution or filing of any paper or any further act on the part of any
of the parties hereto, anything herein to the contrary notwithstanding.
In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities of any
series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication
of any predecessor Trustee and deliver such Securities so authenticated; and, in case at that time any of the Securities of any series
shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any
predecessor hereunder or in the name of the successor Trustee; and in all such cases such certificate shall have the full force which it
is anywhere in the Securities of such series or in this Indenture provided that the certificate of the Trustee shall have;
provided
that
the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities of any series in the name of
any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
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