eTrade 2005 Annual Report Download - page 469

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Business Day
” means any day except a Saturday, Sunday or other day on which commercial banks in New York City or in the city
where the Corporate Trust Office of the Trustee is located are authorized by law to close.
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Capital Stock
” means, with respect to any Person, any and all shares, interests, participations or other equivalents (however
designated, whether voting or non-voting) in equity of such Person, whether outstanding on the Closing Date or issued thereafter,
including, without limitation, all Common Stock and Preferred Stock.
“
Capitalized Lease
” means, as applied to any Person, any lease of any property (whether real, personal or mixed) of which the
discounted present value of the rental obligations of such Person as lessee, in conformity with GAAP, is required to be capitalized on
the balance sheet of such Person.
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Capitalized Lease Obligations
” means the discounted present value of the rental obligations under a Capitalized Lease.
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Certificated Note
” means a Note in registered individual form without interest coupons.
“
Change of Control
” means such time as:
(1) a “person” or “group” (within the meaning of Sections 13(d) and 14(d)(2) of the Exchange Act), becomes the ultimate “beneficial
owner” (as defined in Rule 13d-3 under the Exchange Act) of more than 50% of the total voting power of the Voting Stock of the
Company on a fully diluted basis; or
(2) individuals who on the Closing Date constitute the Board of Directors (together with any new directors whose election by the
Board of Directors or whose nomination by the Board of Directors for election by the Company’s stockholders was approved by a
vote of at least a majority of the members of the Board of Directors then in office who either were members of the Board of Directors on
the Closing Date or whose election or nomination for election was previously so approved) cease for any reason to constitute a
majority of the members of the Board of Directors then in office.
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Closing Date
” means November22, 2005, the date on which the Notes are originally issued.
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Common Stock
” means, with respect to any Person, any and all shares, interests, participations or other equivalents (however
designated, whether voting or non-voting) of such Person’s equity, other than Preferred Stock of such Person, whether outstanding
on the Closing Date or issued thereafter, including, without limitation, all series and classes of such common stock.
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2006. EDGAR Online, Inc.