eTrade 2005 Annual Report Download - page 345

EXHIBIT K
NOTICE OF CASH SETTLEMENT FROM COLLATERAL
AGENT TO PURCHASE CONTRACT AGENT
(Cash Settlement Amounts)
The Bank of New York,
as Purchase Contract Agent
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
”).
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. Unless otherwise defined herein, terms
defined in the Agreement are used herein as defined therein.
In accordance with Section5.02(a)(iv) of the Agreement, we hereby notify you that as of 5:00 p.m. (New York City time) on the sixth
Business Day immediately preceding November18, 2008 (the “
Purchase Contract Settlement Date
”), we have received (i)$ in
immediately available funds paid in an aggregate amount equal to the Purchase Price due to the Company on the Purchase Contract
Settlement Date with respect to Corporate Units and (ii)based on the funds received set forth in clause (i)above, an aggregate principal
amount of $of Subordinated Notes underlying Pledged Applicable Ownership Interests in Subordinated Notes are to be offered for
purchase in each Remarketing.
THE BANK OF NEW YORK,
as Collateral Agent
Dated:
__________
By:
Name:
Title:
Authorized Signatory
K-1
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2006. EDGAR Online, Inc.