eTrade 2005 Annual Report Download - page 544

Section11.03.
Notices
.
(a) Any notice or communication to the Company will be deemed given if in writing (i)when delivered in person or (ii)five days after
mailing when mailed by first class mail, or (iii)when sent by facsimile transmission, with transmission confirmed. Notices or
communications to a Subsidiary Guarantor will be deemed given if given to the Company. Any notice to the Trustee will be effective
only upon receipt. In each case the notice or communication should be addressed as follows:
if to the Company:
E*TRADE Financial Corporation
135 East 57th Street
New York, New York 10022
if to the Trustee:
The Bank of New York
101 Barclay Street, Floor 8W
New York, New York 10286
Attn: Corporate Trust Administration
Fax: [phone]
The Company or the Trustee by notice to the other may designate additional or different addresses for subsequent notices or
communications.
(b) Except as otherwise expressly provided with respect to published notices, any notice or communication to a Holder will be deemed
given when mailed to the Holder at its address as it appears on the Register by first class mail or, as to any Global Note registered in
the name of DTC or its nominee, as agreed by the Company, the Trustee and DTC. Copies of any notice or communication to a Holder,
if given by the Company, will be mailed to the Trustee at the same time. Defect in mailing a notice or communication to any particular
Holder will not affect its sufficiency with respect to other Holders.
(c) Where the Indenture provides for notice, the notice may be waived in writing by the Person entitled to receive such notice, either
before or after the event, and the waiver will be the equivalent of the notice. Waivers of notice by Holders must be filed with the
Trustee, but such filing is not a condition precedent to the validity of any action taken in reliance upon such waivers.
Section11.04.
Certificate and Opinion as to Conditions Precedent
. Upon any request or application by the Company to the Trustee
to take any action under the Indenture, the Company will furnish to the Trustee:
(1) an Officers’ Certificate stating that, in the opinion of the signers, all conditions precedent, if any, provided for in the Indenture
relating to the proposed action have been complied with; and
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2006. EDGAR Online, Inc.