eTrade 2005 Annual Report Download - page 546

Section11.10.
Duplicate Originals.
The parties may sign any number of copies of the Indenture. Each signed copy shall be an original,
but all of them together represent the same agreement.
Section11.11.
Separability.
In case any provision in the Indenture or in the Notes is invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
Section11.12.
Table of Contents and Headings.
The Table of Contents, Cross-Reference Table and headings of the Articles and
Sections of the Indenture have been inserted for convenience of reference only, are not to be considered a part of the Indenture and in
no way modify or restrict any of the terms and provisions of the Indenture.
Section11.13.
No Liability of Directors, Officers, Employees, Incorporators, Members and Stockholders.
No director, officer,
employee, incorporator, member or stockholder of the Company or any Subsidiary Guarantor, as such, will have any liability for any
obligations of the Company or such Subsidiary Guarantor under the Notes, any Note Guarantee or the Indenture or for any claim based
on, in respect of, or by reason of, such obligations. Each Holder of Notes by accepting a Note waives and releases all such liability.
The waiver and release are part of the consideration for issuance of the Notes.
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