eTrade 2005 Annual Report Download - page 523

custodian, trustee, sequestrator or similar official of the Company or any Significant Subsidiary or for all or substantially all of the
property and assets of the Company or any Significant Subsidiary or (C)the winding up or liquidation of the affairs of the Company or
any Significant Subsidiary and, in each case, such decree or order shall remain unstayed and in effect for a period of 60 consecutive
days;
(h) the Company or any Significant Subsidiary (A)commences a voluntary case under any applicable bankruptcy, insolvency or other
similar law now or hereafter in effect, or consents to the entry of an order for relief in an involuntary case under any such law,
(B)consents to the appointment of or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar
official of the Company or any Significant Subsidiary or for all or substantially all of the property and assets of the Company or any
Significant Subsidiary or (C)effects any general assignment for the benefit of creditors;
(i) failure by any Broker Dealer Regulated Subsidiary that is a Significant Subsidiary to meet the minimum capital requirements imposed
by applicable regulatory authorities, and such condition continues for a period of 30 days after the Company or such Broker Dealer
Regulated Subsidiary first becomes aware of such failure;
(j) failure by any Bank Regulated Subsidiary that is a Significant Subsidiary to be at least “adequately capitalized,” as defined in
regulations of applicable regulatory authorities; provided that an Event of Default under this clause (j)shall not have occurred until
(x)45 days from the time that such Bank Regulated Subsidiary has notice or is deemed to have notice of such failure unless a capital
restoration plan has been filed the with OTS within that time (y)the expiration of a 90-day period commencing on the earlier the date of
initial submission of a capital restoration plan to the OTS (unless such capital plan is approved by the OTS before the expiration of
such 90-day period or, if the OTS has notified us that it needs additional time to determine whether to approve such capital plan, in
which case such 90-day period shall be extended until the OTS determines whether to approve such capital plan, such capital plan is
approved by the OTS upon the expiration of such extended period);
(k) if the Company or any Subsidiary that holds Capital Stock of a Broker Dealer Regulated Subsidiary that is a Significant Subsidiary
shall become ineligible to hold such Capital Stock by reason of a statutory disqualification or otherwise;
(l) the Commission shall revoke the registration of any Broker Dealer Regulated Subsidiary that is a Significant Subsidiary as a
broker-dealer under the Exchange Act or any such Broker Dealer Regulated Subsidiary shall fail to maintain such registration;
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2006. EDGAR Online, Inc.