eTrade 2005 Annual Report Download - page 230

“
Book-Entry Interest
” means a beneficial interest in a Global Certificate, registered in the name of a Depositary or a nominee thereof,
ownership and transfers of which shall be maintained and made through book entries by such Depositary as described in
Section3.05(ii).
“
Business Day
” means any day other than a Saturday or Sunday or any other day on which banking institutions in New York City,
New York are authorized or required by law or executive order to remain closed;
provided
that for purposes of the second paragraph of
Section1.12 only, the term “Business Day” shall also be deemed to exclude any day on which the Depositary is closed.
“
Cash
” means any coin or currency of the United States as at the time shall be legal tender for payment of public and private debts.
“
Cash Merger
” has the meaning set forth in Section5.04(b)(ii).
“
Cash Merger Early Settlement
” has the meaning set forth in Section5.04(b)(ii).
“
Cash Merger Early Settlement Date
” has the meaning set forth in Section5.04(b)(ii).
“
Cash Settlement
” has the meaning set forth in Section5.02(a)(i).
“
Certificate
” means a Corporate Units Certificate or a Treasury Units Certificate, as the case may be.
“
Closing Price
” has the meaning set forth in Section5.01(a).
“
Code
” means the Internal Revenue Code of 1986, as amended.
“
Collateral
” means the collective reference to:
(i) the Collateral Account and all investment property and other financial assets from time to time credited to the Collateral Account
and all security entitlements with respect thereto, including, without limitation, (A)the Applicable Ownership Interests in Subordinated
Notes and security entitlements relating thereto (and the Subordinated Notes and security entitlements relating thereto delivered to the
Collateral Agent in respect of such Applicable Ownership Interests in Subordinated Notes), (B)the Applicable Ownership Interests in
the Treasury Portfolio (as specified in clause (i)of the definition of such term) and security entitlements relating thereto, (C)any
Treasury Securities and security entitlements relating thereto Transferred to the Securities Intermediary from time to time in connection
with the creation of Treasury Units in accordance with Section3.13 hereof and (D)payments made by Holders pursuant to Section5.02
hereof;
(ii) all Proceeds of any of the foregoing (whether such Proceeds arise before or after the commencement of any proceeding under any
applicable bankruptcy, insolvency or other similar law, by or against the pledgor or with respect to the pledgor); and
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