0001193125-20-262038 Sample Contracts

AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF E*TRADE FINANCIAL, LLC October 2, 2020
Limited Liability Company Agreement • October 2nd, 2020 • E Trade Financial Corp • Savings institution, federally chartered • Delaware

This Limited Liability Company Agreement (this “Agreement”) of E*TRADE Financial, LLC, a Delaware limited liability company (the “Company”), is entered into by Morgan Stanley, a Delaware corporation, as the sole member of the Company (the “Member”).

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Moon-Eagle Merger Sub II, LLC, Moon-Eagle Co-Obligor, Inc., E*TRADE Financial Corporation and The Bank of New York Mellon Trust Company, N.A. Fourth Supplemental Indenture Dated as of October 2, 2020 to Indenture dated as of August 24, 2017 between...
E Trade Financial Corp • October 2nd, 2020 • Savings institution, federally chartered • New York

FOURTH SUPPLEMENTAL INDENTURE, dated as of October 2, 2020 (this “Supplemental Indenture”), among Moon-Eagle Merger Sub II, LLC, a Delaware limited liability company (the “Successor Company”), Moon-Eagle Co-Obligor, Inc., a Delaware corporation (the “Co-Obligor”), E*TRADE Financial Corporation (the “Predecessor Company”) and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”), to the Indenture, dated as of August 24, 2017 (as amended, modified or supplemented from time to time in accordance therewith, other than with respect to a particular series of debt securities, the “Indenture”), by and between the Predecessor Company and the Trustee.

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