eTrade 2005 Annual Report Download - page 491

or Event of Default shall have occurred and be continuing at the time of or after giving effect to such designation and (b)all Liens and
Indebtedness of such Unrestricted Subsidiary outstanding immediately after such designation would, if Incurred at such time, have
been permitted to be Incurred (and shall be deemed to have been Incurred) for all purposes of the Indenture. Any such designation by
the Board of Directors shall be evidenced to the Trustee by promptly filing with the Trustee a copy of the Board Resolution giving
effect to such designation and an Officers’ Certificate certifying that such designation complied with the foregoing provisions.
“
U.S. Government Obligations
” means securities that are (1)direct obligations of the United States of America for the payment of
which its full faith and credit is pledged or (2)obligations of a Person controlled or supervised by and acting as an agency or
instrumentality of the United States of America the payment of which is unconditionally guaranteed as a full faith and credit obligation
by the United States of America, which, in either case, are not callable or redeemable at the option of the issuer thereof at any time prior
to the Stated Maturity of the Notes, and shall also include a depository receipt issued by a bank or trust company as custodian with
respect to any such U.S. Government Obligation or a specific payment of interest on or principal of any such U.S. Government
Obligation held by such custodian for the account of the holder of a depository receipt; provided that (except as required by law) such
custodian is not authorized to make any deduction from the amount payable to the holder of such depository receipt from any amount
received by the custodian in respect of the U.S. Government Obligation or the specific payment of interest on or principal of the U.S.
Government Obligation evidenced by such depository receipt.
“
Voting Stock”
means with respect to any Person, Capital Stock of any class or kind ordinarily having the power to vote for the
election of directors, managers or other voting members of the governing body of such Person.
“
Wholly Owned
” means, with respect to any Subsidiary of any Person, the ownership all of the outstanding Capital Stock of such
Subsidiary by such Person or one or more Wholly Owned Subsidiaries of such Person.
Section1.02.
Incorporation by Reference of Trust Indenture Act
. Whenever this Indenture refers to a provision of the Trust Indenture
Act of 1939, as amended (the “TIA”), the provision is incorporated by reference in and made a part of this Indenture. The following
TIA terms used in this Indenture have the following meanings:
“indenture securities” means the Notes;
“indenture security holder” means a Holder or a Noteholder;
“indenture to be qualified” means this Indenture;
“indenture trustee” or “institutional trustee” means the Trustee; and
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2006. EDGAR Online, Inc.