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EXHIBIT INDEX
Exhibit
Number Description
2.1 Agreement and Plan of Acquisition and Reorganization at May 31, 1999 by and among the Registrant,
Turbo Acquisition Corp. and Telebanc Financial Corporation (Incorporated by reference to Exhibit 2.1
of the Company’s Registration Statement on Form S-4, Registration Statement No. 333-91467).
2.2 Merger Agreement made at June 14, 2000 between the Company, 3045157 Nova Scotia Company, EGI
Canada Corporation, Versus Technologies Inc., Versus Brokerage Services Inc., Versus Brokerage
Services (U.S.) Inc. and Fairvest Securities Corporation (Incorporated by reference to Exhibit 2.1 of
the Company’s Registration Statement on Form S-3, Registration Statement No. 333-41628).
2.3 Agreement and Plan of Mergers, Member Interest Purchase Agreement and Reorganization, dated at
August 29, 2001, by and among the Company, Dempsey LLC and the individuals and entities names
therein (Incorporated by reference to Exhibit 99.1 of the Company’s Current Report on Form 8-K filed
on September 19, 2001).
2.4 Sale and Purchase Agreement, dated September 28, 2005, by and among the Company, J.P. Morgan
Chase & Co. and J.P. Morgan Invest Inc. (Incorporated by reference to Exhibit 2.1 of the Company’s
Current Report on Form 8-K filed October 3, 2005).
2.5 First Amendment to Purchase and Sale Agreement, dated October 6, 2005, by and among Harris
Financial Corp, Harrisdirect LLC and E*TRADE Financial Corporation (Incorporated by reference to
Exhibit 2.1 of the Company’s Current Report on Form 8-K filed October 7, 2005).
3.1 Certificate of Incorporation of E*TRADE Financial Corporation as currently in effect. (Incorporated
by reference to Exhibit 3.1 to the Company’s Quarterly Report on Form 10-Q filed November 7, 2003).
3.2 Certificate of Designation of Series A Preferred Stock of the Company (Incorporated by reference to
Exhibit 4.2 of Amendment No. 1 to the Company’s Registration Statement on Form S-3, Registration
Statement No. 333-41628).
3.3 Restated Bylaws of the Registrant (Incorporated by reference to Exhibit 3.3 to the Company’s Annual
Report on Form 10-K filed November 9, 2000).
3.4 Certificate of Designation of Series B Participating Cumulative Preferred Stock of the Company
(Incorporated by reference to Exhibit 3.1 of the Company’s Form 10-Q filed August 14, 2001).
4.1 Specimen of Common Stock Certificate (Incorporated by reference to Exhibit 4.1 of the Company’s
Registration Statement on Form S-1, Registration Statement No. 333-05525).
4.2 Reference is hereby made to Exhibits 3.1, 3.2 and 3.3.
4.3 Indenture, dated February 1, 2000, by and between the Company and The Bank of New York.
(Incorporated by reference to Exhibit 4.4 of the Company’s Registration Statement on Form S-3,
Registration Statement No. 333-35802).
4.4 Registration Rights Agreement, dated February 1, 2000, by and among the Company, FleetBoston
Robertson Stephens Inc., Hambrecht & Quist LLC and Goldman, Sachs & Co. (Incorporated by
reference to Exhibit 4.5 of the Company’s Registration Statement on Form S-3, Registration Statement
No. 333-35802).
4.5 Indenture dated May 29, 2001 by and between the Company and The Bank of New York (Incorporated
by reference to Exhibit 4.1 to the Company’s Registration Statement on Form S-3, Registration
Statement No. 333-64102).
4.6 Rights Agreement dated at July 9, 2001 between E*TRADE Financial Corporation and American
Stock Transfer and Trust Company, as Rights Agent (Incorporated by reference to Exhibit 99.2 to the
Company’s Current Report on Form 8-K filed July 9, 2001).
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