eTrade 2005 Annual Report Download - page 356

refer to this Indenture as a whole and not to any particular Article, Section or other subdivision. The terms defined in this Article have
the meanings assigned to them in this Article and include the plural as well as the singular.
“
Authenticating Agent
” shall have the meaning set forth in Section6.14.
“
Authorized Newspaper
” means a newspaper (which, in the case of The City of New York, will, if practicable, be The Wall Street
Journal (Eastern Edition), in the case of the United Kingdom, will, if practicable, be the Financial Times (London Edition) published in
an official language of the country of publication customarily published at least once a day for at least five days in each calendar week
and of general circulation in The City of New York or the United Kingdom. If it shall be impractical in the opinion of the Trustee to
make any publication of any notice required hereby in an Authorized Newspaper, any publication or other notice in lieu thereof which
is made or given with the approval of the Trustee shall constitute a sufficient publication of such notice.
“
Board of Directors
” means either the Board of Directors of the Issuer or any committee of such Board duly authorized to act on its
behalf.
“
Board Resolution
” means a copy of one or more resolutions, certified by the secretary or an assistant secretary of the Issuer to have
been duly adopted or consented to by the Board of Directors and to be in full force and effect, and delivered to the Trustee.
“
Business Day
” means, with respect to any Security, unless otherwise specified pursuant to Section2.03, a day that in the city (or in
any of the cities, if more than one) in which amounts are payable, as specified in the form of such Security, is not a day on which
banking institutions are authorized or required by law or regulation to close.
“
Commission
” means the Securities and Exchange Commission, as from time to time constituted, created under the Securities
Exchange Act of 1934, or if at any time after the execution and delivery of this Indenture such Commission is not existing and
performing the duties now assigned to it under the Trust Indenture Act, then the body performing such duties on such date.
“
Corporate Trust Office
” means the office of the Trustee at which the corporate trust business of the Trustee shall, at any particular
time, be principally administered, which office is, at the date as of which this Indenture is dated, located at 101 Barclay Street, Floor
8W, New York, New York 10286, Attention: Corporate Trust Administration.
“
Coupon
” means any interest coupon appertaining to a Security.
“
covenant defeasance
” shall have the meaning set forth in Section10.01(c).
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