eTrade 2005 Annual Report Download - page 536

Except as specifically stated above, none of the Company’s obligations under the Indenture will be discharged.
Section8.04.
Application of Trust Money
. Subject to Section8.05, the Trustee will hold in trust the money or U.S. Government
Obligations deposited with it pursuant to Section8.01, 8.02 or 8.03, and apply the deposited money and the proceeds from deposited
U.S. Government Obligations to the payment of principal of and interest on the Notes in accordance with the Notes and the Indenture.
Such money and U.S. Government Obligations need not be segregated from other funds except to the extent required by law.
Section8.05.
Repayment to Company
. Subject to Sections 7.07, 8.01, 8.02 and 8.03, the Trustee will promptly pay to the Company upon
request any excess money held by the Trustee at any time and thereupon be relieved from all liability with respect to such money. The
Trustee will pay to the Company upon request any money held for payment with respect to the Notes that remains unclaimed for two
years, provided that before making such payment the Trustee may at the expense of the Company publish once in a newspaper of
general circulation in New York City, or send to each Holder entitled to such money, notice that the money remains unclaimed and that
after a date specified in the notice (at least 30 days after the date of the publication or notice) any remaining unclaimed balance of
money will be repaid to the Company. After payment to the Company, Holders entitled to such money must look solely to the
Company for payment, unless applicable law designates another Person, and all liability of the Trustee with respect to such money will
cease.
Section8.06.
Reinstatement.
If and for so long as the Trustee is unable to apply any money or U.S. Government Obligations held in
trust pursuant to Section8.01, 8.02 or 8.03 by reason of any legal proceeding or by reason of any order or judgment of any court or
governmental authority enjoining, restraining or otherwise prohibiting such application, the Company’s obligations under the
Indenture and the Notes will be reinstated as though no such deposit in trust had been made. If the Company makes any payment of
principal of or interest on any Notes because of the reinstatement of its obligations, it will be subrogated to the rights of the Holders of
such Notes to receive such payment from the money or U.S. Government Obligations held in trust.
ARTICLE IX
A
MENDMENTS
, S
UPPLEMENTS
A
ND
W
AIVERS
Section9.01
. Amendments Without Consent of Holders.
(a) The Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any
Noteholder
(1) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes,
provided
that such amendments or supplements
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