eTrade 2005 Annual Report Download - page 480

“
Investment Securities
” means marketable securities of a Person (other than an Affiliate or joint venture of the Company or any
Restricted Subsidiary or any Regulated Subsidiary), mortgages, credit card and other loan receivables, futures contracts on marketable
securities, interest rates and foreign currencies used for the hedging of marketable securities, mortgages or credit card and other loan
receivables purchased, borrowed, sold, loaned or pledged by such Person in the ordinary course of its business.
“
Issue Date
” means the date on which the Original Notes are originally issued under the Indenture.
“
Lien
” means any mortgage, pledge, security interest, encumbrance, lien or charge of any kind (including, without limitation, any
conditional sale or other title retention agreement or lease in the nature thereof or any agreement to give any security interest).
“
Moody’s
” means Moody’s Investors Service, Inc. and its successors.
“
Net Cash Proceeds
” means:
(a) with respect to any Asset Sale or Regulated Sale, the proceeds of such Asset Sale or Regulated Sale in the form of cash or cash
equivalents, including payments in respect of deferred payment obligations (to the extent corresponding to the principal, but not
interest, component thereof) when received in the form of cash or cash equivalents and proceeds from the conversion of other
property received when converted to cash or cash equivalents, net of
(1) brokerage commissions and other fees and expenses (including attorney’s fees, accountants’ fees, underwriters’, placement agents’
and other investment bankers’ fees, commissions and consultant fees) related to such Asset Sale or Regulated Sale;
(2) provisions for all taxes (whether or not such taxes will actually be paid or are payable) as a result of such Asset Sale or Regulated
Sale without regard to the consolidated results of operations of the Company and its Restricted Subsidiaries, taken as a whole,
together with any actual distributions to shareholders of the type contemplated under clause (b)(9) under Section4.04 with respect to
the taxable income relating to such Asset Sale or Regulated Sale;
(3) payments made to repay Indebtedness or any other obligation outstanding at the time of such Asset Sale or Regulated Sale that
either (x)is secured by a Lien on the property or assets sold or (y)is required to be paid as a result of such sale and
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2006. EDGAR Online, Inc.