eTrade 2005 Annual Report Download - page 468

(d) any sale, transfer, assignment or other disposition of any property equipment that has become damaged, worn out, obsolete or
otherwise unsuitable for use in connection with the business of the Company or its Restricted Subsidiaries;
(e) an issuance of Capital Stock by a Restricted Subsidiary or the sale, transfer or other disposition by the Company or a Restricted
Subsidiary of the Capital Stock of a Restricted Subsidiary or Regulated Subsidiary, in each case to the Company, a Wholly Owned
Restricted Subsidiary or a Wholly Owned Regulated Subsidiary; or
(f) Permitted Liens, or foreclosure on assets as a result of Liens permitted under Section4.09.
“
Authenticating Agent
” refers to a Person engaged to authenticate the Notes in the stead of the Trustee.
“
Average Life
” means, at any date of determination with respect to any debt security, the quotient obtained by dividing (1)the sum of
the products of (a)the number of years from such date of determination to the dates of each successive scheduled principal payment of
such debt security and (b)the amount of such principal payment by (2)the sum of all such principal payments.
“
Bank Regulated Subsidiary
” means (i)ETB Holdings, Inc. (provided that such entity is a savings and loan holding company, as
defined under the Home Owners’ Loan Act, as amended, or a bank holding company, as defined under the Bank Holding Company
Act, as amended, but in no event shall such entity mean, or include, the Company), (ii)any direct or indirect insured depository
institution subsidiary of the Company that is regulated by foreign, federal or state banking regulators, including, without limitation, the
OTS and the FDIC or (iii)any Subsidiary of a Bank Regulated Subsidiary all of the Common Stock of which is owned by such Bank
Regulated Subsidiary and the sole purpose of which is to issue trust preferred or similar securities where the proceeds of the sale of
such securities are invested in such Bank Regulated Subsidiary and where such proceeds would be treated as Tier I capital were such
Bank Regulated Subsidiary a bank holding company regulated by the Board of Governors of the Federal Reserve System.
“
Board of Directors
” means, with respect to any Person, the Board of Directors of such Person or any duly authorized committee of
such Board of Directors, or any other group performing comparable functions.
“
Broker Dealer Regulated Subsidiary
” means any direct or indirect subsidiary of the Company that is registered as a broker dealer
pursuant to Section15 of the Exchange Act or that is regulated as a broker dealer or underwriter under any foreign securities law.
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2006. EDGAR Online, Inc.