eTrade 2005 Annual Report Download - page 417

ARTICLE 12
R
EDEMPTION OF
S
ECURITIES AND
S
INKING
F
UNDS
Section12.01
. Applicability of Article.
The provisions of this Article shall be applicable to the Securities of any series which are
redeemable before their maturity or to any sinking fund for the retirement of Securities of a series except as otherwise specified as
contemplated by Section2.03 for Securities of such series.
Section12.02
. Notice of Redemption; Partial Redemptions.
Notice of redemption to the Holders of Registered Securities of any series
to be redeemed as a whole or in part at the option of the Issuer shall be given by mailing notice of such redemption by first class mail,
postage prepaid, to such Holders of Securities of such series at their last addresses as they shall appear upon the registry books at
least 30 days and not more than 60 days prior to the date fixed for redemption, or within such other redemption notice period as has
been designated for any Securities of such series pursuant to Section2.03 or 2.04 (the “
Redemption Notice Period
”). Notice of
redemption to the Holders of Unregistered Securities to be redeemed as a whole or in part, who have filed their names and addresses
with the Trustee within two years preceding such notice of redemption, shall be given by mailing notice of such redemption, by first
class mail, postage prepaid, at least 30 and not more than 60 days prior to the date fixed for redemption or within any applicable
Redemption Notice Period to such Holders at such addresses as were so furnished to the Trustee (and, in the case of any such notice
given by the Issuer, the Trustee shall make such information available to the Issuer for such purpose). Notice of redemption to all other
Holders of Unregistered Securities shall be published in an Authorized Newspaper in the Borough of Manhattan, The City of New
York and in an Authorized Newspaper in London, in each case, once in each of three successive calendar weeks, the first publication
to be not less than 30 nor more than 60 days prior to the date fixed for redemption or within any applicable Redemption Notice Period;
provided
that notice to Holders of Unregistered Securities held only in global form may be made, at the option of the Issuer, through
the customary notice provisions of the clearing system or systems through which beneficial interests in such Unregistered Securities
are owned. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given,
whether or not the Holder receives the notice. Failure to give notice by mail, or any defect in the notice to the Holder of any Security of
a series designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other
Security of such series.
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