eTrade 2005 Annual Report Download - page 413

Section11.02
. Provisions of Indenture for the Sole Benefit of Parties and Holders of Securities and Coupons.
Nothing in this
Indenture, in the Securities or in the Coupons appertaining thereto, expressed or implied, shall give or be construed to give to any
person, firm or corporation, other than the parties hereto and their successors and the holders of Senior Indebtedness and the Holders
of the Securities or Coupons, if any, any legal or equitable right, remedy or claim under this Indenture or under any covenant or
provision herein contained, all such covenants and provisions being for the sole benefit of the parties hereto and their successors, the
holders of the Senior Indebtedness and the Holders of the Securities or Coupons, if any.
Section11.03
. Successors and Assigns of Issuer Bound by Indenture.
All the covenants, stipulations, promises and agreements in this
Indenture contained by or in behalf of the Issuer shall bind its successors and assigns, whether so expressed or not.
Section11.04
. Notices and Demands on Issuer, Trustee and Holders of Securities and Coupons.
Any notice or demand which by any
provision of this Indenture is required or permitted to be given or served by the Trustee or by the Holders of Securities or Coupons to
or on the Issuer may be given or served by being deposited postage prepaid, first-class mail (except as otherwise specifically provided
herein) addressed (until another address of the Issuer is filed by the Issuer with the Trustee) to E*TRADE Financial Corporation, 671
North Glebe Road, Arlington, Virginia 22203, Attention: General Counsel. Any notice, direction, request or demand by the Issuer or
any Holder of Securities or Coupons to or upon the Trustee shall be deemed to have been sufficiently given or served by being
deposited postage prepaid, first-class mail (except as otherwise specifically provided herein) addressed (until another address of the
Trustee is filed by the Trustee with the Issuer) to The Bank of New York, 101 Barclay Street, Floor 8W, New York, New York 10286,
Attention: Corporate Trust Administration.
Where this Indenture provides for notice to Holders of Registered Securities, such notice shall be sufficiently given (unless otherwise
herein expressly provided) if in writing and mailed, first-class postage prepaid, to each Holder entitled thereto, at his last address as it
appears in the Security register. In any case where notice to such Holders is given by mail, neither the failure to mail such notice, nor
any defect in any notice so mailed, to any particular Holder shall affect the sufficiency of such notice with respect to other Holders.
Where this Indenture provides for notice in any manner, such notice may be waived in writing by the Person entitled to receive such
notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be
filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such
waiver.
In case, by reason of the suspension of or irregularities in regular mail service, it shall be impracticable to mail notice to the Issuer when
such notice is
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