eTrade 2005 Annual Report Download - page 386

Section5.06
. Limitations on Suits by Securityholders.
No Holder of any Security of any series or of any Coupon appertaining thereto
shall have any right by virtue or by availing of any provision of this Indenture to institute any action or proceeding at law or in equity
or in bankruptcy or otherwise upon or under or with respect to this Indenture, or for the appointment of a trustee, receiver, liquidator,
custodian or other similar official or for any other remedy hereunder, unless such Holder previously shall have given to the Trustee
written notice of default and of the continuance thereof, as hereinbefore provided, and unless also the Holders of not less than 25% in
aggregate principal amount of the Securities of each affected series then Outstanding (treated as a single class) shall have made
written request upon the Trustee to institute such action or proceedings in its own name as trustee hereunder and shall have offered to
the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby and
the Trustee for 60 days after its receipt of such notice, request and offer of indemnity shall have failed to institute any such action or
proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section5.09; it
being understood and intended, and being expressly covenanted by the taker and Holder of every Security or Coupon with every
other taker and Holder and the Trustee, that no one or more Holders of Securities of any series or Coupons appertaining to such
Securities shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or
prejudice the rights of any other such Holder of Securities or Coupons appertaining to such Securities, or to obtain or seek to obtain
priority over or preference to any other such Holder or to enforce any right under this Indenture, except in the manner herein provided
and for the equal, ratable and common benefit of all Holders of Securities of the applicable series and Coupons appertaining to such
Securities. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall
be entitled to such relief as can be given either at law or in equity.
Section5.07
. Unconditional Right of Securityholders to Institute Certain Suits.
Notwithstanding any other provision in this Indenture
and any provision of any Security, the right of any Holder of any Security or Coupon to receive payment of the principal of and
interest on such Security or Coupon on or after the respective due dates expressed in such Security or Coupon, or to institute suit for
the enforcement of any such payment on or after such respective dates, shall not be impaired or affected without the consent of such
Holder.
Section5.08
. Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default.
Except as provided in Section5.06, no right
or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons is intended to be exclusive of
any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every
other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of
any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right
or remedy.
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2006. EDGAR Online, Inc.