eTrade 2005 Annual Report Download - page 404

notice thereof by first class mail to the Holders of then Outstanding Registered Securities of each series affected at their addresses as
they shall appear on the registry books, and in each case such notice shall set forth in general terms the substance of such
supplemental indenture. Any failure of the Issuer to give such notice, or any defect therein, shall not, however, in any way impair or
affect the validity of any such supplemental indenture.
Section8.03
. Effect of Supplemental Indenture.
Upon the execution of any supplemental indenture pursuant to the provisions hereof,
this Indenture shall be and be deemed to be modified and amended in accordance therewith and the respective rights, limitations of
rights, obligations, duties and immunities under this Indenture of the Trustee, the Issuer and the Holders of Securities of each series
affected thereby shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and
amendments, and all the terms and conditions of any such supplemental indenture shall be and be deemed to be part of the terms and
conditions of this Indenture for any and all purposes.
Section8.04
. Documents to Be Given to Trustee.
The Trustee, subject to the provisions of Sections 6.01 and 6.02, shall receive an
Officer’s Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant to this
Article 8 complies with the applicable provisions of this Indenture.
Section8.05
. Notation on Securities in Respect of Supplemental Indentures.
Securities of any series authenticated and delivered after
the execution of any supplemental indenture pursuant to the provisions of this Article may bear a notation in form approved by the
Trustee for such series as to any matter provided for by such supplemental indenture or as to any action taken by Securityholders. If
the Issuer or the Trustee shall so determine, new Securities of any series so modified as to conform, in the opinion of the Trustee and
the Board of Directors, to any modification of this Indenture contained in any such supplemental indenture may be prepared by the
Issuer, authenticated by the Trustee and delivered in exchange for the Securities of such series then Outstanding.
Section8.06
. Subordination Unimpaired.
This Indenture may not be amended to alter the subordination of any of the Outstanding
Securities without the written consent of each holder of Senior Indebtedness then outstanding that would be adversely affected
thereby.
ARTICLE 9
C
ONSOLIDATION
, M
ERGER
, S
ALE OR
C
ONVEYANCE
Section9.01
. Covenant Not to Merge, Consolidate, Sell or Convey Property Except Under Certain Conditions.
The Issuer covenants
that it will not
50

2006. EDGAR Online, Inc.