eTrade 2005 Annual Report Download - page 232

“
Corporate Units Certificate
” means a certificate evidencing the rights and obligations of a Holder in respect of the number of
Corporate Units specified on such certificate.
“
Coupon Rate
” has the meaning set forth in the Supplemental Indenture.
“
Current Market Price
” means, in respect of a share of Common Stock on any date of determination, the average of the daily
Closing Prices for the 20 consecutive Trading Days ending the earlier of the day in question and the day before the “ex date” with
respect to the issuance or distribution requiring such computation. For purposes of this definition, the term “ex date,” when used with
respect to any issuance or distribution, shall mean the first date on which Common Stock trades regular way on such exchange or in
such market without the right to receive such issuance or distribution.
“
Custodial Agent
” means the Person named as Custodial Agent in the first paragraph of this Agreement until a successor Custodial
Agent shall have become such pursuant to the applicable provisions of this Agreement, and thereafter “Custodial Agent” shall mean
the Person who is then the Custodial Agent hereunder.
“
Depositary
” means a clearing agency registered under Section17A of the Exchange Act that is designated to act as Depositary for
the Units as contemplated by Sections 3.06 and 3.08.
“
Depositary Participant
” means a broker, dealer, bank, other financial institution or other Person for whom from time to time the
Depositary effects book entry transfers and pledges of securities deposited with the Depositary.
“
Distributed Property
” has the meaning set forth in Section5.04(a)(iv).
“
DTC
” means The Depository Trust Company.
“
Early Settlement
” has the meaning set forth in Section5.07(a).
“
Early Settlement Amount
” has the meaning set forth in Section5.07(b).
“
Early Settlement Date
” has the meaning set forth in Section5.07(b).
“
ERISA
” means the Employee Retirement Income Security Act of 1974, as amended.
“
Exchange Act
” means the Securities Exchange Act of 1934 and any statute successor thereto, in each case as amended from time to
time, and the rules and regulations promulgated thereunder.
“
Exchange Property
” has the meaning set forth in Section5.04(b)(i).
“
Ex-Dividend Date
” has the meaning set forth in Section5.04(a)(iv).
“
Expiration Date
” has the meaning set forth in Section1.04(e).
“
Expiration Time
” has the meaning set forth in Section5.04(a)(vi).
“
Failed Final Remarketing
” has the meaning set forth in Section5.02(b)(v).
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2006. EDGAR Online, Inc.