eTrade 2005 Annual Report Download - page 485

(9) Liens arising from filing Uniform Commercial Code financing statements regarding leases;
(10) Liens on property of, or on shares of Capital Stock or Indebtedness of, any Person existing at the time such Person becomes, or
becomes a part of, any Restricted Subsidiary; provided that such Liens do not extend to or cover any property or assets of the
Company or any Restricted Subsidiary other than the property or assets acquired;
(11) Liens in favor of the Company or any Restricted Subsidiary;
(12) Liens arising from the rendering of a final judgment or order against the Company or any Restricted Subsidiary that does not give
rise to an Event of Default;
(13) Liens securing reimbursement obligations with respect to letters of credit that encumber documents and other property relating to
such letters of credit and the products and proceeds thereof;
(14) Liens in favor of customs and revenue authorities arising as a matter of law to secure payment of customs duties in connection
with the importation of goods;
(15) Liens encumbering customary initial deposits and margin deposits, and other Liens that are within the general parameters
customary in the industry and incurred in the ordinary course of business, in each case, securing Indebtedness under Hedging
Obligations not entered into for speculative investment purposes and designed to protect the Company or any of its Restricted
Subsidiaries from fluctuations in interest rates, currencies or the price of commodities or securities;
(16) Liens arising out of conditional sale, title retention, consignment or similar arrangements for the sale of goods entered into by the
Company or any of its Restricted Subsidiaries in the ordinary course of business in accordance with the past practices of the Company
and its Restricted Subsidiaries prior to the Closing Date;
(17) Liens on shares of Capital Stock of any Unrestricted Subsidiary to secure Indebtedness of such Unrestricted Subsidiary; and
(18) Liens on or sales of receivables or mortgages.
“
Person
” means an individual, a corporation, a partnership, a limited liability company, an association, a trust or any other entity or
organization, including a government or political subdivision or an agency or instrumentality thereof.
22

2006. EDGAR Online, Inc.