eTrade 2005 Annual Report Download - page 359

“
original issue date
” of any Security (or portion thereof) means the earlier of (a)the date of such Security or (b)the date of any
Security (or portion thereof) for which such Security was issued (directly or indirectly) on registration of transfer, exchange or
substitution.
“
Original Issue Discount Security
” means any Security that provides for an amount less than the principal amount thereof to be due
and payable upon a declaration of acceleration of the maturity thereof pursuant to Section5.01.
“
Outstanding
” when used with reference to Securities, shall, subject to the provisions of Section7.04, mean, as of any particular time,
all Securities authenticated and delivered by the Trustee under this Indenture, except
(a) Securities theretofore cancelled by the Trustee or delivered to the Trustee for cancellation;
(b) Securities, or portions thereof, for the payment or redemption of which moneys or U.S. Government Obligations (as provided for in
Section10.01) in the necessary amount shall have been deposited in trust with the Trustee or with any paying agent (other than the
Issuer) or shall have been set aside, segregated and held in trust by the Issuer for the Holders of such Securities (if the Issuer shall act
as its own paying agent),
provided
that if such Securities, or portions thereof, are to be redeemed prior to the maturity thereof, notice
of such redemption shall have been given as herein provided, or provision satisfactory to the Trustee shall have been made for giving
such notice; and
(c) Securities which shall have been paid or in substitution for which other Securities shall have been authenticated and delivered
pursuant to the terms of Section2.09 (except with respect to any such Security as to which proof satisfactory to the Trustee is
presented that such Security is held by a person in whose hands such Security is a legal, valid and binding obligation of the Issuer).
In determining whether the Holders of the requisite principal amount of Outstanding Securities of any or all series have given any
request, demand, authorization, direction, notice, consent or waiver hereunder, the principal amount of an Original Issue Discount
Security that shall be deemed to be Outstanding for such purposes shall be the amount of the principal thereof that would be due and
payable as of the date of such determination upon a declaration of acceleration of the maturity thereof pursuant to Section5.01.
“
Payment Blockage Notice
”) has the meaning specified in Section5.01.
“
Periodic Offering
” means an offering of Securities of a series from time to time, the specific terms of which Securities, including,
without limitation, the rate or rates of interest, if any, thereon, the stated maturity or maturities thereof and the redemption provisions, if
any, with respect thereto, are to be determined by the Issuer or its agents upon the issuance of such Securities.
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