eTrade 2005 Annual Report Download - page 488

“
S&P
” means Standard& Poor’s Ratings Group, a division of The McGraw-Hill Companies, and its successors.
“
Secured Indebtedness Cap
” means, on any date, an amount equal to 1.0 times the Consolidated EBITDA of the Company for the
most recently ended Four Quarter Period for which financial statements are available immediately preceding such date. For purposes of
making the computation referred to above, Consolidated EBITDA shall be calculated after giving effect on a pro forma basis for the
period of such calculation to any Asset Sales or Asset Acquisitions (including, without limitation, any Asset Acquisition giving rise
to the need to make such calculation as a result of such Person or one of its Restricted Subsidiaries or Regulated Subsidiaries
(including any Person who becomes a Restricted Subsidiary or Regulated Subsidiary as a result of the Asset Acquisition) incurring,
assuming or otherwise being liable for Acquired Indebtedness and also including any Consolidated EBITDA attributable to the assets
which are the subject of the Asset Acquisition or Asset Sale during the Four Quarter Period) occurring during the Four Quarter Period
or at any time subsequent to the last day of the Four Quarter Period and on or prior to the date of such calculation, as if such Asset
Sale or Asset Acquisition (including the incurrence, assumption or liability for any such Acquired Indebtedness) occurred on the first
day of the Four Quarter Period.
“
Securities Act
” means the Securities Act of 1933, as amended.
“
Significant Subsidiary
” means, at any date of determination, any Restricted Subsidiary that, together with its Subsidiaries, (1)for the
most recent fiscal year of the Company, accounted for more than 10% of the consolidated revenues of the Company and its Restricted
Subsidiaries or (2)as of the end of such fiscal year, was the owner of more than 10% of the consolidated assets of the Company and its
Restricted Subsidiaries, all as set forth on the most recently available consolidated financial statements of the Company for such fiscal
year.
“
Stated Maturity
” means, (1)with respect to any debt security, the date specified in such debt security as the fixed date on which the
final installment of principal of such debt security is due and payable and (2)with respect to any scheduled installment of principal of
or interest on any debt security, the date specified in such debt security as the fixed date on which such installment is due and
payable.
“
Stock Loan
” means a “
Loan
” as used in the Master Securities Loan Agreement published from time to time by the Bond Market
Association.
“
Subsidiary
” means, with respect to any Person, any corporation, association or other business entity of which more than 50% of the
voting power of the outstanding Voting Stock is owned, directly or indirectly, by such Person and one or more other Subsidiaries of
such Person.
25

2006. EDGAR Online, Inc.