eTrade 2005 Annual Report Download - page 340

EXHIBIT H
INSTRUCTION
FROM COLLATERAL AGENT
TO SECURITIES INTERMEDIARY
(Creation of Treasury Units)
The Bank of New York,
as Securities Intermediary
101 Barclay Street, 8W
New York, NY 10286
Telecopier No.: 212-815-5707
Attention: Corporate Trust Division -
Corporate Finance Unit
R
e
:
Corporate Units of E*TRADE Financial Corporation (the “
Company
”).
The securities account of The Bank of New York, as Collateral Agent, maintained by the Securities Intermediary and designated “The
Bank of New York, as Collateral Agent of E*TRADE Financial Corporation, as pledgee of The Bank of New York, as the Purchase
Contract Agent on behalf of and as attorney-in-fact for the Holders” (the “
Collateral Account
”).
Please refer to the Purchase Contract and Pledge Agreement, dated as of November22, 2005 (the “
Agreement
”), between the
Company and The Bank of New York, as Collateral Agent, as Custodial Agent, as Securities Intermediary, as Purchase Contract Agent
and as attorney-in-fact for the holders of Corporate Units and Treasury Units from time to time. Capitalized terms used herein but not
defined shall have the meaning set forth in the Agreement.
When you have confirmed that $Value of Treasury Securities or security entitlements with respect thereto has been credited to the
Collateral Account by or for the benefit of, as Holder of Corporate Units (the “
Holder
”), you are hereby instructed to release from the
Collateral Account an equal Value of [Subordinated Notes underlying Pledged Applicable Ownership Interests in Subordinated Notes]
[Pledged Applicable Ownership Interests in the Treasury Portfolio] or security entitlements with respect thereto relating to Corporate
Units of the Holder by Transfer to the Purchase Contract Agent.
Dated:
__________
THE BANK OF NEW YORK,
as Collateral Agent
By:
Name:
Title:
Authorized Signatory

2006. EDGAR Online, Inc.