eTrade 2005 Annual Report Download - page 475

to keep-well, to purchase assets, goods, securities or services (unless such purchase arrangements are on arm’s-length terms and are
entered into in the ordinary course of business), to take-or-pay, or to maintain financial statement conditions or otherwise) or
(2)entered into for purposes of assuring in any other manner the obligee of such Indebtedness of the payment thereof or to protect
such obligee against loss in respect thereof (in whole or in part); provided that the term “Guarantee” shall not include endorsements
for collection or deposit in the ordinary course of business, letters of credit issued by a Bank Regulated Subsidiary in the ordinary
course of its business or STAMP or other signature guarantees made by a Regulated Subsidiary in the ordinary course of its business.
The term “Guarantee” used as a verb has a corresponding meaning.
“
Hedging Obligations
” means, with respect to any Person, the obligations of such person under (i)currency exchange, interest rate,
commodity, credit or equity swap, forward or futures agreements, currency exchange, interest rate, commodity, credit or equity cap
agreements, currency exchange, interest rate, commodity, credit or equity collar agreements, or currency exchange, interest rate,
commodity, credit or equity puts or calls, and (ii)other agreements or arrangements designed to protect such Person, directly or
indirectly, against fluctuations in currency exchange, interest rate, commodity or equity prices.
“
Incur
” means, with respect to any Indebtedness, to incur, create, issue, assume, Guarantee or otherwise become liable for or with
respect to, or become responsible for, the payment of, contingently or otherwise, such Indebtedness; provided that (1)any
Indebtedness of a Person existing at the time such Person becomes a Restricted Subsidiary will be deemed to be incurred by such
Restricted Subsidiary at the time it becomes a Restricted Subsidiary and (2)neither the accrual of interest nor the accretion of original
issue discount shall be considered an Incurrence of Indebtedness.
“
Indebtedness
” means, with respect to any Person at any date of determination (without duplication):
(1) all indebtedness of such Person for borrowed money;
(2) all obligations of such Person evidenced by bonds, debentures, notes or other similar instruments;
(3) all obligations of such Person in respect of letters of credit or other similar instruments (including reimbursement obligations with
respect thereto, but excluding letters of credit issued by such Person and excluding obligations with respect to letters of credit
(including trade letters of credit) securing obligations (other than obligations described in (1)or (2)above or (5), (6)or (7)below) entered
into in the ordinary course of business of such Person to the extent such letters of credit are not drawn upon or, if drawn upon, to the
extent such drawing is reimbursed no later than the third Business Day following receipt by such Person of a demand for
reimbursement);
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2006. EDGAR Online, Inc.