E*TRADE FINANCIAL CORPORATION, as IssuerThird Supplemental Indenture • July 9th, 2009 • E Trade Financial Corp • Savings institution, federally chartered • New York
THIRD SUPPLEMENTAL INDENTURE, dated as of July 9, 2009 (the “Third Supplemental Indenture”) to the Indenture dated as of June 8, 2004 (the “Base Indenture” and as supplemented by the First Supplemental Indenture dated as of September 19, 2005 (the “First Supplemental Indenture”) and the Second Supplemental Indenture dated as of November 1, 2006 (the “Second Supplemental Indenture”), the “Indenture”), between E*TRADE FINANCIAL CORPORATION (the “Company”), a Delaware corporation, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee (the “Trustee”).
