eTrade 2005 Annual Report Download - page 538

(3) change the optional redemption dates or optional redemption prices of the Notes from that stated under the caption “Optional
Redemption,”
(4) change the place or currency of payment of principal of, or premium, if any, or interest on, any Note,
(5) impair the right to institute suit for the enforcement of any payment on or after the Stated Maturity (or, in the case of a redemption,
on or after the Redemption Date) of any Note,
(6) waive a default in the payment of principal of, premium, if any, or interest on the Notes or modify any provision of the Indenture
relating to modification or amendment thereof,
(7) reduce the above-stated percentage of outstanding notes of such series, the consent of whose holders is necessary to modify or
amend the applicable indenture,
(8) release any Subsidiary Guarantor from its Notes Guarantee, except as provided in the Indenture, or
(9) reduce the percentage or aggregate principal amount of outstanding Notes the consent of whose Holders is necessary for waiver of
compliance with certain provisions of the Indenture or for waiver of certain defaults.
(c) It is not necessary for Noteholders to approve the particular form of any proposed amendment, supplement or waiver, but is
sufficient if their consent approves the substance thereof.
(d) An amendment, supplement or waiver under this Section will become effective on receipt by the Trustee of written consents from
the Holders of the requisite percentage in principal amount of the outstanding Notes. After an amendment, supplement or waiver under
this Section becomes effective, the Company will send to the Holders affected thereby a notice briefly describing the amendment,
supplement or waiver. The Company will send supplemental indentures to Holders upon request. Any failure of the Company to send
such notice, or any defect therein, will not, however, in any way impair or affect the validity of any such supplemental indenture or
waiver.
Section9.03.
Effect of Consent.
(a) After an amendment, supplement or waiver becomes effective, it will bind every Holder unless it is of the type requiring the consent
of each Holder affected. If the amendment, supplement or waiver is of the type requiring the consent of each Holder affected, the
amendment, supplement or waiver will bind each Holder that has consented to it and every subsequent Holder of a Note that
evidences the same debt as the Note of the consenting Holder.
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