SC 13D/A 1 v159415_sc13da.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

SCHEDULE 13D
(Rule 13d-101)

INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT
TO RULE 13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO
RULE 13d-2(a)

Under the Securities Exchange Act of 1934
(Amendment No.    13   )*

E*TRADE Financial Corporation
(Name of Issuer)

Common Stock, $0.01 par value
(Title of Class of Securities)

269246104
(CUSIP Number)

John C. Nagel
Citadel Investment Group, L.L.C.
131 S. Dearborn Street, 32nd Floor
Chicago, Illinois 60603
(Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications)

August 28, 2009
(Date of Event which Requires Filing of this Statement)

If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(e), 13d-1(f) or 13d-1(g), check the following box.  £

Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits.  See Rule 13d-7 for other parties to whom copies are to be sent.

*The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.  The information required on the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

 
 

 

CUSIP No.  269246104
 
Page 2 of 17 Pages
 
1
NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
Citadel Limited Partnership
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
    (a)S
(b)£
 
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
AF
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)
 
 £
6
CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
7
SOLE VOTING POWER
0
8
SHARED VOTING POWER
166,183,569 shares
9
SOLE DISPOSITIVE POWER
0
10
SHARED DISPOSITIVE POWER
See Row 8 above.
 
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
See Row 8 above.
¨
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
 
    £
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
14.9 percent1
14
TYPE OF REPORTING PERSON
PN, HC

1           See Item 5 below.
 


CUSIP No.  269246104
 
Page  3 of 17 Pages
 
1
NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
Citadel Investment Group, L.L.C.
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
    (a)S
(b)£
 
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
AF
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)
 
 £
6
CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
7
SOLE VOTING POWER
0
8
SHARED VOTING POWER
166,183,569 shares
9
SOLE DISPOSITIVE POWER
0
10
SHARED DISPOSITIVE POWER
See Row 8 above.
 
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
See Row 8 above.
¨
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
 
 £
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
14.9 percent2
14
TYPE OF REPORTING PERSON
OO, HC


CUSIP No.  269246104
 
Page 4 of 17 Pages
 
1
NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
Kenneth Griffin
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
    (a)S
(b)£
 
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
AF
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)
 
 £
6
CITIZENSHIP OR PLACE OF ORGANIZATION
United States
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
7
SOLE VOTING POWER
0
8
SHARED VOTING POWER
166,183,569 shares
9
SOLE DISPOSITIVE POWER
0
10
SHARED DISPOSITIVE POWER
See Row 8 above.
 
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
See Row 8 above.
¨
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
 
 £
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
14.9 percent3
14
TYPE OF REPORTING PERSON
IN, HC


CUSIP No.  269246104
 
Page 5 of 17 Pages
 
1
NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
Citadel Equity Fund Ltd.
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
    (a)S
(b)£
 
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
WC
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)
 
 £
6
CITIZENSHIP OR PLACE OF ORGANIZATION
Cayman Islands
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
7
SOLE VOTING POWER
0
8
SHARED VOTING POWER
166,183,569 shares
9
SOLE DISPOSITIVE POWER
0
10
SHARED DISPOSITIVE POWER
See Row 8 above.
 
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
See Row 8 above.
¨
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
 
 £
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
14.9 percent4
14
TYPE OF REPORTING PERSON
CO


CUSIP No.  269246104
 
Page 6 of 17 Pages
 
1
NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
Citadel Securities LLC
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
    (a)S
(b)£
 
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
WC
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)
 
 £
6
CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
7
SOLE VOTING POWER
0
8
SHARED VOTING POWER
166,183,569 shares
9
SOLE DISPOSITIVE POWER
0
10
SHARED DISPOSITIVE POWER
See Row 8 above.
 
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
See Row 8 above.
¨
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
 
 £
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
14.9 percent5
14
TYPE OF REPORTING PERSON
OO, BD


CUSIP No.  269246104
 
Page 7 of 17 Pages
 
1
NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
Citadel Derivatives Trading Ltd.
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
    (a)S
(b)£
 
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
WC
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)
 
 £
6
CITIZENSHIP OR PLACE OF ORGANIZATION
Cayman Islands
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
7
SOLE VOTING POWER
0
8
SHARED VOTING POWER
166,183,569 shares
9
SOLE DISPOSITIVE POWER
0
10
SHARED DISPOSITIVE POWER
See Row 8 above.
 
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
See Row 8 above.
¨
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
 
 £
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
14.9 percent6
14
TYPE OF REPORTING PERSON
CO


CUSIP No.  269246104
 
Page 8 of 17 Pages
 
1
NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
Citadel Advisors LLC
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
    (a)S
(b)£
 
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
AF
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)
 
 £
6
CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
7
SOLE VOTING POWER
0
8
SHARED VOTING POWER
166,183,569 shares
9
SOLE DISPOSITIVE POWER
0
10
SHARED DISPOSITIVE POWER
See Row 8 above.
 
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
See Row 8 above.
¨
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
 
 £
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
14.9 percent7
14
TYPE OF REPORTING PERSON
OO, HC


CUSIP No.  269246104
 
Page 9 of 17 Pages
 
1
NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
Wingate Capital Ltd.
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
    (a)S
(b)£
 
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
AF
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)
 
 £
6
CITIZENSHIP OR PLACE OF ORGANIZATION
Cayman Islands
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
7
SOLE VOTING POWER
0
8
SHARED VOTING POWER
166,183,569 shares
9
SOLE DISPOSITIVE POWER
0
10
SHARED DISPOSITIVE POWER
See Row 8 above.
 
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
See Row 8 above.
¨
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
 
 £
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
14.9 percent8
14
TYPE OF REPORTING PERSON
CO


CUSIP No.  269246104
 
Page 10 of 17 Pages
 
1
NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
Citadel Holdings I LP
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
    (a)S
(b)£
 
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
AF
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)
 
 £
6
CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
7
SOLE VOTING POWER
0
8
SHARED VOTING POWER
166,183,569 shares
9
SOLE DISPOSITIVE POWER
0
10
SHARED DISPOSITIVE POWER
See Row 8 above.
 
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
See Row 8 above.
¨
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
 
 £
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
14.9 percent9
14
TYPE OF REPORTING PERSON
PN, HC


CUSIP No.  269246104
 
Page 11 of 17 Pages
 
1
NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
Citadel Holdings II LP
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
    (a)S
(b)£
 
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
AF
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)
 
 £
6
CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
7
SOLE VOTING POWER
0
8
SHARED VOTING POWER
166,183,569 shares
9
SOLE DISPOSITIVE POWER
0
10
SHARED DISPOSITIVE POWER
See Row 8 above.
 
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
See Row 8 above.
¨
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
 
 £
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
14.9 percent10
14
TYPE OF REPORTING PERSON
PN, HC


CUSIP No.  269246104
 
Page 12 of 17 Pages
 
1
NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
Citadel Investment Group II, L.L.C.
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
    (a)S
(b)£
 
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
AF
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)
 
 £
6
CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
7
SOLE VOTING POWER
0
8
SHARED VOTING POWER
166,183,569 shares
9
SOLE DISPOSITIVE POWER
0
10
SHARED DISPOSITIVE POWER
See Row 8 above.
 
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
See Row 8 above.
¨
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
 
 £
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
14.9 percent11
14
TYPE OF REPORTING PERSON
OO, HC

CUSIP No.  269246104
Page 13 of 17 Pages

ITEM 1.
SECURITY AND ISSUER

This Amendment No. 13 amends the Schedule 13D filed on December 17, 2007 (the "Original Filing") by Citadel Limited Partnership ("CLP"), Citadel Investment Group, L.L.C. ("CIG"), Kenneth Griffin ("Griffin"), Citadel Equity Fund Ltd. ("CEF"), Citadel Securities LLC (f/k/a Citadel Derivatives Group LLC ("CDG")), Citadel Derivatives Trading Ltd. ("CDT"), Wingate Capital Ltd. ("Wingate"), and Citadel AC Investments Ltd. ("CAC") relating to the Common Stock, $0.01 par value, of E*TRADE Financial Corporation, as amended by Amendment No. 1 to Schedule 13D filed on January 18, 2008 ("Amendment No. 1"), Amendment No. 2 to Schedule 13D filed on February 27, 2008 ("Amendment No. 2"), Amendment No. 3 to Schedule 13D filed on March 10, 2008 ("Amendment No. 3"), Amendment No. 4 to Schedule 13D filed on April 1, 2008 ("Amendment No. 4"), Amendment No. 5 to Schedule 13D filed on April 4, 2008 ("Amendment No. 5"), Amendment No. 6 to Schedule 13D filed on May 6, 2008 ("Amendment No. 6"), Amendment No. 7 to Schedule 13D filed on May 14, 2008 ("Amendment No. 7"), Amendment No. 8 to Schedule 13D filed on May 27, 2008 ("Amendment No. 8"), Amendment No. 9 to Schedule 13D filed on June 10, 2009 ("Amendment No. 9"), Amendment No. 10 to Schedule 13D filed on June 22, 2009 (“Amendment No. 10”), Amendment No. 11 to Schedule 13D filed on August 13, 2009 (“Amendment No. 11”) and Amendment No. 12 to Schedule 13D filed on August 21, 2009 (“Amendment No. 12” and, together with the Original Filing, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, Amendment No. 6, Amendment No. 7, Amendment No. 8, Amendment No. 9, Amendment No. 10 and Amendment No. 11, the "Prior Filing") by CLP, CIG, Griffin, CEF, CDG, CDT, CAC, Citadel Advisors LLC ("Citadel Advisors"), Citadel Holdings I LP ("CH-I"), Citadel Holdings II LP ("CH-II"), and Citadel Investment Group II, L.L.C. ("CIG-II"). Capitalized terms not defined herein shall have the meaning given to them in the Prior Filing.
 
ITEM 2.
IDENTITY AND BACKGROUND
 
Item 2 of the Prior Filing is amended by deleting the first paragraph and substituting in its place the following:
 
The persons filing this Amendment No. 13 are CLP, CIG, Griffin, CEF, Wingate, CDG, CDT, Citadel Advisors, CH-I, CH-II and CIG-II.  For purposes of this Amendment No. 13, CLP, CIG, Griffin, CEF, Wingate, CDG, CDT, Capital Advisors, CH-I, CH-II and CIG-II constitute the "Reporting Persons".12
 
ITEM 3.
SOURCE AND AMOUNT OF FUNDS OR OTHER CONSIDERATION
 
Item 3 of the Prior Filing is amended by inserting the following as the first sentence of the thirteenth paragraph:  “On July 24, 2009, the Reporting Persons sold approximately $20,000,0000 of the Springing Lien Notes.”
 

12    For purposes of the Original Filing, CLP, CIG, Griffin, CEF, CDG, CDT, CAC and Wingate constituted the "Reporting Persons". As described in Item 6 of the Prior Filing, Wingate assigned all of its Common Stock and all of its rights to acquire Common Stock to CAC. As a result, Wingate ceased being the beneficial owner of any Common Stock on or about November 29, 2007; however, Wingate again became a Reporting Person in connection with Amendment No. 10.  For purposes of Amendment No. 1 through Amendment No. 9, CLP, CIG, Griffin, CEF, CAC, CDG, CDT, Citadel Advisors, CH-I, CH-II and CIG-II constituted the "Reporting Persons". As described in Item 3 of the Prior Filing, CAC distributed all of its Common Stock to CEF, its direct parent.  As a result, CAC ceased being the beneficial owner of any Common Stock on or about October 13, 2008.

 
 

 

CUSIP No.  269246104
Page 14 of 17 Pages
 
Item 3 of the Prior Filing is further amended by deleting “96,600 million” in the last sentence thereof and replacing it with “$96,600,000”.
 
ITEM 4. PURPOSE OF TRANSACTION
 
Item 4 of the Prior Filing is amended by inserting the following sentence at the end of the third paragraph:  “As noted below in Item 6, CEF terminated the 10b5-1 plan on August 28, 2009, before any sales under the plan were completed.”
 
ITEM 5.
INTEREST IN SECURITIES OF THE ISSUER
 
Items 5(a) and (b) of the Prior Filing are amended and restated as follows:
 
 
(a)
Number of shares:          166,183,569 shares
    Percentage of shares:      14.9%13
     
 
(b)
Sole power to vote or direct the vote:
0
   
Shared power to vote or direct the vote:
166,183,569 shares
   
Sole power to dispose or to direct the disposition:
0
   
Shared power to dispose or direct the disposition:
166,183,569 shares
       
 
(c)
There have been no transactions effected by the Reporting Persons in the shares of Common Stock of the Issuer since the date of Amendment No. 12.
     
 
(d)
No change.
     
 
(e)
No change.
 
ITEM 6.
CONTRACTS, ARRANGEMENTS, UNDERSTANDINGS OR RELATIONSHIPS WITH RESPECT TO SECURITIES OF THE ISSUER
 
Item 6 of the Prior Filing is amended by inserting the following sentence at the end of the twenty-sixth paragraph:  “The first amendment to the Rebuttal Agreement is dated as of August 21, 2009.  A copy of this agreement is attached as Exhibit 99.31.”

Item 6 of the Prior Filing is further amended by inserting the following sentence at the end of the twenty-seventh paragraph:  “On August 28, 2009, CEF terminated the 10b5-1 Plan; no sales were made under the 10b5-1 Plan.  A copy of the press release announcing the termination of the 10b5-1 Plan is attached hereto as Exhibit 99.32.”
 

13       The percentages reported in this Amendment No. 13 are based upon 1,116,821,812 shares of Common Stock outstanding as of August 3, 2009, as reported in the Form 10-Q filed by the Issuer on August 6, 2009.

 
 

 

CUSIP No.  269246104
Page 15 of 17 Pages

ITEM 7.
MATERIAL TO BE FILED AS EXHIBITS

The following documents are filed as appendices and exhibits (or incorporated by reference herein):
 
Exhibit 99.31
First Amendment to Rebuttal Agreement, dated August 21, 2009
Exhibit 99.32
Press Release
 
 
 

 

CUSIP No.  269246104
Page 16 of 17 Pages

Signature

After reasonable inquiry and to the best of its knowledge and belief, the undersigned certify that the information set forth in this statement is true, complete and correct.

Dated this 31st day of August, 2009
 
CITADEL LIMITED PARTNERSHIP
 
CITADEL INVESTMENT GROUP, L.L.C.
         
By:
Citadel Investment Group, L.L.C.,
 
By:
/s/ John C. Nagel
 
 
its General Partner
   
John C. Nagel, Authorized Signatory
         
By:
/s/ John C. Nagel
       
 
John C. Nagel, Authorized Signatory
     
         
CITADEL EQUITY FUND LTD.
 
KENNETH GRIFFIN
         
By:
Citadel Advisors LLC,
 
By:
/s/ John C. Nagel
 
 
its Portfolio Manager
   
John C. Nagel, attorney-in-fact14
         
By:
Citadel Holdings II LP,
     
 
its managing member
     
         
By:
Citadel Investment Group II, L.L.C.,
     
 
its General Partner
     
         
By:
/s/ John C. Nagel
       
 
John C. Nagel, Authorized Signatory
     
         
CITADEL SECURITIES LLC
 
CITADEL DERIVATIVES TRADING LTD.
         
By:
Citadel Holdings I LP,
 
By:
Citadel Advisors LLC,
 
its Manager
   
its Portfolio Manager
         
By:
Citadel Investment Group II, L.L.C.,
 
By:
Citadel Holdings II LP,
 
its General Partner
   
its managing member
         
By:
/s/ John C. Nagel  
By:
Citadel Investment Group II, L.L.C.,
 
John C. Nagel, Authorized Signatory
   
its General Partner
         
   
By:
/s/ John C. Nagel
 
     
John C. Nagel, Authorized Signatory

 
 

 
 
CUSIP No. 269246104
Page 17 of 17 Pages
 
CITADEL ADVISORS LLC
 
CITADEL HOLDINGS I LP
         
By:
Citadel Holdings II LP,
 
By:
Citadel Investment Group II, L.L.C.,
 
its managing member
   
its General Partner
         
By:
Citadel Investment Group II, L.L.C.,
 
By:
/s/ John C. Nagel
 
 
its General Partner
   
John C. Nagel, Authorized Signatory
         
By:
/s/ John C. Nagel
       
 
John C. Nagel, Authorized Signatory
     
         
CITADEL HOLDINGS II LP
 
CITADEL INVESTMENT GROUP II, L.L.C.
         
By:
Citadel Investment Group II, L.L.C.,
 
By:
/s/ John C. Nagel
 
 
its General Partner
   
John C. Nagel, Authorized Signatory
         
By:
/s/ John C. Nagel
       
 
John C. Nagel, Authorized Signatory
     
         
WINGATE CAPITAL LTD.
     
         
By:
Citadel Advisors LLC,
     
 
its Portfolio Manager
     
         
By:
Citadel Holdings II LP,
     
 
its managing member
     
         
By:
Citadel Investment Group II, L.L.C.,
     
 
its General Partner
     
         
By:
/s/ John C. Nagel
       
 
John C. Nagel, Authorized Signatory