eTrade 2005 Annual Report Download - page 401

ARTICLE 8
S
UPPLEMENTAL
I
NDENTURES
Section8.01
. Supplemental Indentures Without Consent of Securityholders.
The Issuer, when authorized by a resolution of its Board
of Directors (which resolution may provide general terms or parameters for such action and may provide that the specific terms of such
action may be determined in accordance with or pursuant to an Issuer Order), and the Trustee may from time to time and at any time
enter into an indenture or indentures supplemental hereto for one or more of the following purposes:
(a) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities of one or more series any property or
assets;
(b) to evidence the succession of another corporation to the Issuer, or successive successions, and the assumption by the successor
corporation of the covenants, agreements and obligations of the Issuer pursuant to Article 9;
(c) to add to the covenants of the Issuer such further covenants, restrictions, conditions or provisions as the Issuer and the Trustee
shall consider to be for the protection of the Holders of Securities or Coupons, and to make the occurrence, or the occurrence and
continuance, of a default in any such additional covenants, restrictions, conditions or provisions a Default or an Event of Default
permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth;
provided
that in respect
of any such additional covenant, restriction, condition or provision such supplemental indenture may provide for a particular period of
grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an
immediate enforcement upon such a Default or Event of Default or may limit the remedies available to the Trustee upon such a Default
or Event of Default or may limit the right of the Holders of a majority in aggregate principal amount of the Securities of such series to
waive such a Default or Event of Default;
(d) to cure any ambiguity or to correct or supplement any provision contained herein or in any supplemental indenture which may be
defective or inconsistent with any other provision contained herein or in any supplemental indenture, or to make any other provisions
as the Issuer may deem necessary or desirable,
provided
that no such action shall adversely affect the interests of the Holders of the
Securities or Coupons;
(e) to establish the forms or terms of Securities of any series or of the Coupons appertaining to such Securities as permitted by
Sections 2.01 and 2.03; and
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