eTrade 2005 Annual Report Download - page 473

Regulated Subsidiaries, each item to be determined in conformity with GAAP (excluding the effects of foreign currency exchange
adjustments under Financial Accounting Standards Board Statement of Financial Accounting Standards No.52).
“
Corporate Trust Office
” means the office of the Trustee at which the corporate trust business of the Trustee is principally
administered, which at the date of the Indenture is located at 101 Barclay Street, Floor 8W, New York, NY 10286, Attn: Corporate Trust
Administration.
“
Credit Facility
” means a credit facility of, or Guaranteed by, the Company and used by the Company, its Restricted Subsidiaries or
its Regulated Subsidiaries for working capital and other general corporate purposes together with the related documents (including,
without limitation, any guarantee agreements and security documents), as such agreements may be amended (including any
amendment and restatement), supplemented, replaced or otherwise modified from time to time.
“
Default
” means any event that is, or after notice or passage of time or both would be, an Event of Default.
“
Depositary
” means the depositary of each Global Note, which will initially be DTC.
“
Disqualified Stock
” means any class or series of Capital Stock of any Person that by its terms or otherwise is (1)required to be
redeemed prior to a date that is 123 days following the Stated Maturity of the Notes, (2)redeemable at the option of the holder of such
class or series of Capital Stock at any time prior to the Stated Maturity of the Notes or (3)convertible into or exchangeable for Capital
Stock referred to in clause (1)or (2)above or Indebtedness having a scheduled maturity prior to the Stated Maturity of the Notes;
provided that any Capital Stock that would not constitute Disqualified Stock but for provisions thereof giving holders thereof the right
to require such Person to repurchase or redeem such Capital Stock upon the occurrence of an “asset sale” or “change of control”
occurring prior to the Stated Maturity of the Notes shall not constitute Disqualified Stock if the “asset sale” or “change of control”
provisions applicable to such Capital Stock are no more favorable to the holders of such Capital Stock than the provisions contained in
Section4.11 and Section4.12 and such Capital Stock specifically provides that such Person will not repurchase or redeem any such
stock pursuant to such provision prior to the Company’s repurchase of such Notes as are required to be repurchased pursuant to
Section4.11 and Section4.12.
“
Domestic Subsidiary”
means any Restricted Subsidiary of the Company with total assets as determined under GAAP of at least
$100,000, as set forth on the most recently available quarterly or annual consolidated balance sheet of such Restricted Subsidiary other
than a Restricted Subsidiary that is (1)a Foreign Subsidiary or (2)a Subsidiary of any such Foreign Subsidiary.
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2006. EDGAR Online, Inc.