eTrade 2005 Annual Report Download - page 399

be issued in respect of one or more Unregistered Securities of one or more series specified therein. The holding by the Person named in
any such certificate of any Unregistered Securities of any series specified therein shall be presumed to continue for a period of one
year from the date of such certificate unless at the time of any determination of such holding (i)another certificate bearing a later date
issued in respect of the same Securities shall be produced, or (ii)the Security of such series specified in such certificate shall be
produced by some other Person, or (iii)the Security of such series specified in such certificate shall have ceased to be Outstanding.
Subject to Sections 6.01 and 6.02, the fact and date of the execution of any such instrument and the amount and numbers of Securities
of any series held by the Person so executing such instrument and the amount and numbers of any Security or Securities for such
series may also be proven in accordance with such reasonable rules and regulations as may be prescribed by the Trustee for such
series or in any other manner which the Trustee for such series may deem sufficient.
(b) In the case of Registered Securities, the ownership of such Securities shall be proved by the Security register or by a certificate of
the Security registrar.
The Issuer may set a record date for purposes of determining the identity of Holders of Registered Securities of any series entitled to
vote or consent to any action referred to in Section7.01, which record date may be set at any time or from time to time by notice to the
Trustee, for any date or dates (in the case of any adjournment or reconsideration) not more than 60 days nor less than five days prior
to the proposed date of such vote or consent, and thereafter, notwithstanding any other provisions hereof, with respect to Registered
Securities of any series, only Holders of Registered Securities of such series of record on such record date shall be entitled to so vote
or give such consent or revoke such vote or consent.
Section7.03
. Holders to Be Treated as Owners.
The Issuer, the Trustee and any agent of the Issuer or the Trustee may deem and treat
the Person in whose name any Security shall be registered upon the Security register for such series as the absolute owner of such
Security (whether or not such Security shall be overdue and notwithstanding any notation of ownership or other writing thereon) for
the purpose of receiving payment of or on account of the principal of and, subject to the provisions of this Indenture, interest on such
Security and for all other purposes; and neither the Issuer nor the Trustee nor any agent of the Issuer or the Trustee shall be affected
by any notice to the contrary. The Issuer, the Trustee and any agent of the Issuer or the Trustee may treat the Holder of any
Unregistered Security and the Holder of any Coupon as the absolute owner of such Unregistered Security or Coupon (whether or not
such Unregistered Security or Coupon shall be overdue) for the purpose of receiving payment thereof or on account thereof and for all
other purposes and neither the Issuer, the Trustee, nor any agent of the Issuer or the Trustee shall be affected by any notice to the
contrary. All such payments so made to any such Person, or upon his order, shall be valid, and, to the extent of the sum or sums so
paid, effectual to satisfy and discharge the liability for moneys payable upon any such Unregistered Security or Coupon.
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