eTrade 2000 Annual Report Download - page 241

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EXHIBIT A
MEMBERS’ CAPITAL COMMITMENTS
AND PERCENTAGE INTERESTS
Name/Address Capital Commitment Percentage Interest
Managing Members:
Christos M. Cotsakos $ 250,000 25 %
Thomas A. Bevilacqua 250,000 25 %
Non-Managing Members:
E*Trade Group, Inc. 320,000 32 %(1)
Anticipated Additional Non-Managing Members (Aggregate)(2) 180,000 18 %
$ 1,000,000 100 %
______________
(1)Subject to reduction (but not below 25.6%) with respect to the allocation of the Company’ s Carry, as described in Section6.3(b) of
the Agreement.
(2)The aggregate Capital Commitments and Percentage Interests of the Additional Members are based on the anticipated admission of
such Additional Members. Any Percentage Interests that remain unallocated to Additional Members for any reason shall be allocated
to the Managing Members (to be shared equally between them), and the corresponding Capital Commitment obligation shall become
an obligation of the Managing Members (such obligation being shared equally between them).
A-1
Exhibit 10.38
E*TRADE GROUP, INC.
NOTE SECURED BY DEED OF TRUST
$1,600,000.00 February 28, 2000
Menlo Park, California
FOR VALUE RECEIVED , DENNIS LUNDIEN (“Maker”) promises to pay to the order of E*TRADE Group, Inc,
(“Corporation”), at its corporate offices at 4500 Bohannon Drive, Menlo Park, CA 94025, the principal sum of One Million Six
Hundred Thousand Dollars ($1,600,000.00), together with all accrued interest thereon (the “Loan” ), upon the terms and conditions
specified below.
1. Interest . Interest shall accrue on the unpaid balance outstanding from time to time under this Note at six and two tenths percent
(6.2%), compounded annually. All computations of interest shall be made on the basis of a year of 360 days for the actual number of
days (including the first day but excluding the last day) occurring in the period for which such interest is payable. Anything herein to
the contrary notwithstanding, if during any period for which interest is computed hereunder the amount of interest computed on the
basis provided for in this Note, together with all fees, charges and other payments which are treated as interest under applicable law, as
provided for herein or in any other document executed in connection herewith, would exceed the amount of such interest computed on
the basis of the Highest Lawful Rate (as defined below), Maker shall not be obligated to pay, and Corporat ion shall not be entitled to
charge, collect, receive, reserve or take, interest in excess of the Highest Lawful Rate, and during any such period the interest payable
2002. EDGAR Online, Inc.