eTrade 2005 Annual Report Download - page 490

(6) any mutual fund that has at least 95% of its assets continuously invested in investments of the types described in clauses
(1)through (5)above.
“
Trade Payables
” means, with respect to any Person, any accounts payable or any other indebtedness or monetary obligation to
trade creditors created, assumed or Guaranteed by such Person or any of its Subsidiaries arising in the ordinary course of business in
connection with the acquisition of goods or services.
“
Transaction Date
” means, with respect to the Incurrence of any Indebtedness, the date such Indebtedness is to be Incurred and,
with respect to any Restricted Payment, the date such Restricted Payment is to be made.
“
Trustee
” means the party named as such in the first paragraph of the Indenture or any successor trustee under the Indenture
pursuant to Article 7.
“
Trust Indenture Act
” means the Trust Indenture Act of 1939, as amended.
“
2011 Notes Indenture
” means the indenture dated as of June8, 2004, between the Company and The Bank of New York, as trustee,
as amended or supplemented from time to time.
“
2013 Notes Indenture
” means the indenture dated as of September19, 2005 between the Company and The Bank of New York, as
trustee, as amended or supplemented from time to time.
“
Unrestricted Subsidiary
” means (1)any Subsidiary of the Company that at the time of determination shall be designated an
Unrestricted Subsidiary by the Board of Directors in the manner provided below; and (2)any Subsidiary of an Unrestricted Subsidiary.
The Board of Directors may designate any Restricted Subsidiary or Regulated Subsidiary (including any newly acquired or newly
formed Subsidiary of the Company) to be an Unrestricted Subsidiary unless such Subsidiary owns any Capital Stock of, or owns or
holds any Lien on any property of, the Company or any Restricted Subsidiary; provided that (A)any Guarantee by the Company or
any Restricted Subsidiary of any Indebtedness of the Subsidiary being so designated shall be deemed an “Incurrence” of such
Indebtedness and an “Investment” by the Company or such Restricted Subsidiary (or both, if applicable) at the time of such
designation; (B)either (I)the Subsidiary to be so designated has total assets of $1,000 or less or (II) if such Subsidiary has assets
greater than $1,000, such designation would be permitted under Section4.04 and (C)if applicable, the Incurrence of Indebtedness and
the Investment referred to in clause (A)of this proviso would be permitted under the Section4.03 and Section4.04. The Board of
Directors may designate any Unrestricted Subsidiary to be a Restricted Subsidiary; provided that (a)no Default
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