eTrade 2005 Annual Report Download - page 533

Section7.11.
Money Held in Trust.
The Trustee will not be liable for interest on any money received by it except as it may agree with
the Company. Money held in trust by the Trustee need not be segregated from other funds except to the extent required by law and
except for money held in trust under Article 8.
ARTICLE VIII
D
EFEASANCE
A
ND
D
ISCHARGE
Section8.01.
Discharge of Company’s Obligations.
(a) Subject to paragraph (b), the Company’s obligations under the Notes and the Indenture, and each Subsidiary Guarantor’s
obligations under its Note Guarantee, will terminate if:
(1) either:
(a) all Notes that have been authenticated and delivered (other than destroyed, lost or stolen Notes that have been replaced, Notes
that are paid pursuant to Section4.01 and Notes for whose payment money or securities have theretofore been deposited in trust and
thereafter repaid to the Company pursuant to Section8.05) have been delivered to the Trustee for cancellation and the Company has
paid all sums payable under such Indenture; or
(b) all Notes mature within one year or are to be called for redemption within one year and the Company has irrevocably deposited with
the Trustee, as trust funds in trust solely for the benefit of the holders, money or U.S. Government Obligations sufficient, without
consideration of any reinvestment of interest, to pay principal, premium, if any, and accrued interest on the Notes to the date of
maturity or redemption and all other sums payable under such Indenture;
(2) no Default or Event of Default shall have occurred and be continuing on the date of such deposit and such deposit will not result in
a breach or violation of, or constitute a default under such Indenture or any other instrument to which the Company or any Subsidiary
Guarantor is a party or by which the Company or any Subsidiary Guarantor is bound;
(3) the Company has delivered irrevocable instructions to the Trustee to apply the deposited money toward the payment of the Notes
at maturity or the redemption date, as applicable; and
70

2006. EDGAR Online, Inc.