eTrade 2005 Annual Report Download - page 527

The Trustee, upon prior written notice to the Company, may fix a record date and payment date for any payment to Holders pursuant
to this Section6.08.
Section6.09.
Undertaking for Costs
. In any suit for the enforcement of any right or remedy under this Indenture or in any suit against
the Trustee for any action taken or omitted by it as Trustee, a court may require any party litigant in such suit to file an undertaking to
pay the costs of the suit, and the court may assess reasonable costs, including reasonable attorneys’ fees and expenses, against any
party litigant in the suit having due regard to the merits and good faith of the claims or defenses made by the party litigant. This
Section6.09 does not apply to a suit by the Trustee, a suit by a Holder pursuant to Section6.05, or a suit by Holders of more than 10%
in principal amount of the outstanding Notes of any series.
Section6.10.
Restoration of Rights and Remedies
. If the Trustee or any Holder has instituted any proceeding to enforce any right or
remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined
adversely to the Trustee or to such Holder, then, and in every such case, subject to any determination in such proceeding, the
Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter
all rights and remedies of the Company, Trustee and the Holders shall continue as though no such proceeding had been instituted.
Section6.11.
Rights and Remedies Cumulative
. Except as otherwise provided with respect to the replacement or payment of mutilated,
destroyed, lost or wrongfully taken Notes in Section2.04, no right or remedy herein conferred upon or reserved to the Trustee or to the
Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be
cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or
otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or
employment of any other appropriate right or remedy.
Section6.12.
Delay or Omission Not Waiver
. No delay or omission of the Trustee or of any Holder to exercise any right or remedy
accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an
acquiescence therein. Every right and remedy given by this Article 6 or by law to the Trustee or to the Holders may be exercised from
time to time, and as often as may be deemed expedient, by the Trustee or by the Holders, as the case may be.
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