eTrade 2005 Annual Report Download - page 415

accounting matters upon which his certificate, statement or opinion may be based as aforesaid are erroneous, or in the exercise of
reasonable care should know that the same are erroneous.
Any certificate or opinion of any independent firm of public accountants filed with and directed to the Trustee shall contain a
statement that such firm is independent.
Section11.06
. Payments Due on Saturdays, Sundays and Holidays.
If the date of maturity of interest on or principal of the Securities of
any series or any Coupons appertaining thereto or the date fixed for redemption or repayment of any such Security or Coupon shall
not be a Business Day, then payment of interest or principal need not be made on such date, but may be made on the next succeeding
Business Day with the same force and effect as if made on the date of maturity or the date fixed for redemption, and no interest shall
accrue for the period after such date.
Section11.07
. Conflict of Any Provision of Indenture with Trust Indenture Act of 1939.
If and to the extent that any provision of this
Indenture limits, qualifies or conflicts with the duties imposed by, or with another provision (an “
incorporated provision
”) included in
this Indenture by operation of, Sections 310 to 318, inclusive, of the Trust Indenture Act of 1939, such imposed duties or incorporated
provision shall control.
Section11.08
. New York Law to Govern.
This Indenture and each Security and Coupon shall be deemed to be a contract under the
laws of the State of New York, and for all purposes shall be construed in accordance with the laws of such State, except as may
otherwise be required by mandatory provisions of law.
Section11.09
. Counterparts.
This Indenture may be executed in any number of counterparts, each of which shall be an original; but
such counterparts shall together constitute but one and the same instrument.
Section11.10
. Effect of Headings.
The Article and Section headings herein and the Table of Contents are for convenience only and
shall not affect the construction hereof.
Section11.11
. Securities in a Foreign Currency.
Unless otherwise specified in an Officer’s Certificate delivered pursuant to
Section2.03 of this Indenture with respect to a particular series of Securities, whenever for purposes of this Indenture any action may
be taken by the Holders of a specified percentage in aggregate principal amount of Securities of all series or all series affected by a
particular action at the time Outstanding and, at such time, there are Outstanding Securities of any series which are denominated in a
coin or currency other than Dollars, then the principal amount of Securities of such series which shall be deemed to be Outstanding for
the purpose of taking such action shall be that
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