E*TRADE FINANCIAL CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • November 18th, 2005 • E Trade Financial Corp • Security brokers, dealers & flotation companies • New York
Contract Type FiledNovember 18th, 2005 Company Industry JurisdictionE*TRADE Financial Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) the principal amount of its debt securities identified in Schedule I hereto (the “Securities”), to be issued under the indenture specified in Schedule I hereto (the “Indenture”) between the Company and the Trustee identified in such Schedule (the “Trustee”).
E*TRADE FINANCIAL CORPORATION EQUITY UNITS UNDERWRITING AGREEMENTUnderwriting Agreement • November 18th, 2005 • E Trade Financial Corp • Security brokers, dealers & flotation companies • New York
Contract Type FiledNovember 18th, 2005 Company Industry JurisdictionE*TRADE Financial Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) the number of Equity Units specified in Schedule I to this Agreement (the “Securities”) of the Company, each with an initial stated amount of $25.00 and initially consisting of (i) a stock purchase contract (each, a “Stock Purchase Contract”) under which the holder will agree to purchase and the Company will agree to sell on November 18, 2008 (the “Purchase Contract Settlement Date”), subject to acceleration in connection with any early settlement of such Stock Purchase Contract pursuant to the provisions of the Purchase Contract and Pledge Agreement (as defined below) for a price of $25.00 per Security, a number of shares of common stock (the “Issuable Common Stock”) of the Company, par value $0.01 per share (the “Common Stock”), determined pursuant to the terms of the Purchase Contract and Pledge Agreement and (i