eTrade 2005 Annual Report Download - page 358

“
Event of Default
” means any event or condition specified as such in Section5.01.
“
Foreign Currency
” means a currency issued by the government of a country other than the United States (or any currency unit
comprised of any such currencies).
“
Holder,
” “
Holder of Securities,
” “
Securityholder
” or other similar terms mean (a)in the case of any Registered Security, the
Person in whose name such Security is registered in the security register kept by the Issuer for that purpose in accordance with the
terms hereof, and (b)in the case of any Unregistered Security, the bearer of such Security, or any Coupon appertaining thereto, as the
case may be.
“
Indenture
” means this instrument as originally executed and delivered or, if amended or supplemented as herein provided, as so
amended or supplemented or both, and shall include the forms and terms of particular series of Securities established as contemplated
hereunder.
“
Interest
” means, when used with respect to non-interest bearing Securities, interest payable after maturity.
“
Issuer
” means (except as otherwise provided in Article 6) E*TRADE Financial Corporation, a Delaware corporation, and subject to
Article 9 its successors and assigns.
“
Issuer Order
” means a written statement, request or order of the Issuer signed in its name by any one of the following: the Chairman
of the Board, the Chief Executive Officer, the Chief Financial Officer, the General Counsel, the Treasurer, any Assistant Treasurer or
any other person authorized by the Board of Directors to execute any such written statement, request or order.
“
Judgment Currency
” shall have the meaning set forth in Section11.12.
“
Officer’s Certificate
” means a certificate (i)signed by any one of the following: the Chairman of the Board, the Chief Executive
Officer, the Chief Financial Officer, the General Counsel, the Treasurer, any Assistant Treasurer or any other person authorized by the
Board of Directors to execute any such certificate and (ii)delivered to the Trustee. Each such certificate shall comply with Section314 of
the Trust Indenture Act of 1939 and include the statements provided for in Section11.05.
“
Opinion of Counsel
” means an opinion in writing signed by the General Counsel of the Issuer, or by such other legal counsel who
may be an employee of or counsel to the Issuer. Each such opinion shall comply with Section314 of the Trust Indenture Act of 1939
and include the statements provided for in Section11.05.
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