eTrade 2005 Annual Report Download - page 489

“
Subsidiary Guarantor
” means any Domestic Subsidiary which provides a Note Guarantee of the Company’s obligations under the
Indenture and the Notes pursuant to Section4.07.
“
Temporary Cash Investment
” means any of the following:
(1) direct obligations of the United States of America or any agency thereof or obligations fully and unconditionally guaranteed by the
United States of America or any agency thereof, in each case maturing within one year unless such obligations are deposited by the
Company (x)to defease any Indebtedness or (y)in a collateral or escrow account or similar arrangement to prefund the payment of
interest on any indebtedness;
(2) demand deposits, time deposit accounts, bankers acceptances, certificates of deposit and money market deposits maturing within
180 days of the date of acquisition thereof issued by a bank or trust company which is organized under the laws of the United States of
America, any state thereof or any foreign country recognized by the United States of America, and which bank or trust company (i)has
capital, surplus and undivided profits aggregating in excess of $100 million (or the foreign currency equivalent thereof) and has
outstanding debt which is rated “A” (or such similar equivalent rating) or higher by at least one nationally recognized statistical rating
organization (as defined in Rule 436 under the Securities Act) or (ii)is a money market fund sponsored by a registered broker dealer or
mutual fund distributor;
(3) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clause (1)above
entered into with a bank or trust company meeting the qualifications described in clause (2)above;
(4) commercial paper, maturing not more than one year after the date of acquisition, issued by a corporation (other than an Affiliate of
the Company) organized and in existence under the laws of the United States of America, any state thereof or any foreign country
recognized by the United States of America with a rating at the time as of which any investment therein is made of “P- 1” (or higher)
according to Moody’s or “A l” (or higher) according to S&P;
(5) securities with maturities of six months or less from the date of acquisition issued or fully and unconditionally guaranteed by any
state, commonwealth or territory of the United States of America, or by any political subdivision or taxing authority thereof, and rated
at least “A” by S&P or Moody’s; and
26

2006. EDGAR Online, Inc.