eTrade 2005 Annual Report Download - page 244

Section1.13
Counterparts
. This Agreement may be executed in any number of counterparts by the parties hereto, each of which, when
so executed and delivered, shall be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
Section1.14
Inspection of Agreement
. A copy of this Agreement shall be available at all reasonable times during normal business
hours at the Corporate Trust Office for inspection by any Holder or Beneficial Owner.
Section1.15
Appointment of Financial Institution as Agent for the Company
. The Company may appoint a financial institution (which
may be the Collateral Agent) to act as its agent in performing its obligations and in accepting and enforcing performance of the
obligations of the Purchase Contract Agent and the Holders, under this Agreement and the Purchase Contracts, by giving notice of
such appointment in the manner provided in Section1.05 hereof. Any such appointment shall not relieve the Company in any way from
its obligations hereunder.
Section1.16
No Waiver
. No failure on the part of the Company, the Purchase Contract Agent, the Collateral Agent, the Custodial
Agent, the Securities Intermediary or any of their respective agents to exercise, and no course of dealing with respect to, and no delay
in exercising, any right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise by the
Company, the Collateral Agent, the Custodial Agent, the Securities Intermediary or any of their respective agents of any right, power
or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies
herein are cumulative and are not exclusive of any remedies provided by law.
ARTICLE 2
CERTIFICATE FORMS
Section2.01
Forms of Certificates Generally
. The Certificates (including the form of Purchase Contract forming part of each Unit
evidenced thereby) shall be in substantially the form set forth in Exhibit A hereto (in the case of Corporate Units Certificates) or Exhibit
B hereto (in the case of Treasury Units Certificates), with such letters, numbers or other marks of identification or designation and such
legends or endorsements printed, lithographed or engraved thereon as may be required by the rules of any securities exchange on
which the Units are listed or any depositary therefor, or as may, consistently herewith, be determined by the officers of the Company
executing such Certificates, as evidenced by their execution of the Certificates.
The definitive Certificates shall be produced in any manner as determined by the officers of the Company executing the Units
evidenced by such Certificates, consistent with the provisions of this Agreement, as evidenced by their execution thereof.
Every Global Certificate authenticated, executed on behalf of the Holders and delivered hereunder shall bear a legend substantially in
the form set forth in Exhibit A and Exhibit B for a Global Certificate.
Section2.02
Form of Purchase Contract Agent’s Certificate of Authentication
. The form of the Purchase Contract Agent’s certificate
of authentication of the Units shall be in substantially the form set forth on the form of the applicable Certificates.
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2006. EDGAR Online, Inc.