Meaning of “outstanding” for Certain Purposes. Except as provided in section 3.6, every Warrant Certificate countersigned and delivered by the Warrant Agent under this Indenture shall be deemed to be outstanding until it has been surrendered to the Warrant Agent pursuant to this Indenture, provided however that:
(a) a Warrant Certificate that has been partially exercised or exchanged shall be deemed to be outstanding only to the extent of the unexercised or unexchanged, as the case may be, part of the Warrants evidenced thereby;
(b) where a Warrant Certificate has been issued in substitution for a Warrant Certificate that has been lost, stolen or destroyed, only one of them shall be counted for the purpose of determining the Warrants outstanding; and
(c) for the purpose of any provision of this Indenture entitling holders of outstanding Warrants to vote, sign consents, requests or other instruments or take any other action under this Indenture, Warrants owned legally or beneficially by the Corporation or any Subsidiary shall be disregarded, except that:
(i) for the purpose of determining whether the Warrant Agent will be protected in relying on any vote, consent, request or other instrument or other action, only the Warrants of which the Warrant Agent has notice that they are so owned shall be so disregarded; and
(ii) Warrants so owned that have been pledged in good faith other than to the Corporation or any Subsidiary shall not be so disregarded if the pledgee establishes to the satisfaction of the Warrant Agent the pledgee's right to vote the Warrants in the pledgee's discretion free from the control of the Corporation or any Subsidiary pursuant to the terms of the pledge.
Meaning of “outstanding” for Certain Purposes. Every Warrant represented by a Warrant Certificate certified and delivered by the Warrant Agent hereunder shall be deemed to be outstanding until it shall be cancelled or delivered to the Warrant Agent for cancellation or until the Time of Expiry; provided that where a new Warrant Certificate has been issued pursuant to section 2.6 hereof to replace one which is lost, mutilated, stolen or destroyed, the Warrants represented by only one of such Warrant Certificates shall be counted for the purpose of determining the aggregate number of Warrants outstanding.
Meaning of “outstanding” for Certain Purposes. Every Note shall be deemed to be outstanding until it shall be cancelled or delivered to the Trustee for cancellation, or until moneys for the payment thereof shall be set aside under Article Six, provided that: where a new Note has been issued in substitution for a Note which has been lost, stolen or destroyed, only one of such Notes shall be counted for the purpose of determining the aggregate principal amount of Notes outstanding, and for the purpose of any provision of this Indenture entitling Registered Noteholders (or the proxy of such Registered Noteholders) of outstanding Notes to vote, sign consents, requisitions or other instruments or take any other action under this Indenture, Notes owned, directly or indirectly, legally or equitably by the Corporation or any Affiliate shall be disregarded except that for the purpose of determining whether the Trustee shall be protected in relying on any such vote, consent, requisition or other action only those Notes with respect to which the Trustee has received a Written Notice to the effect that they are so owned shall be disregarded, and Notes so owned which have been pledged in good faith other than to the Corporation or any Affiliate shall not be so disregarded if the pledgee shall establish to the satisfaction of the Trustee the pledgee's right to vote such Notes in its discretion free from the control of the Corporation or any Affiliate.
Meaning of “outstanding” for Certain Purposes. Each Note will be deemed to be outstanding from the time it is issued until it is cancelled or delivered to the Company for cancellation, provided that, for the purpose of any provision of this Agreement referencing or entitling the Holder thereof to vote, sign consents, requests or other instruments or take any other action, Notes owned by the Company will be disregarded. Notes that have been partially redeemed, prepaid or repaid, will be deemed to be outstanding only to the extent of the unredeemed or unconverted part of the principal amount thereof.
Meaning of “outstanding” for Certain Purposes. Every Debenture certified and delivered by the Trustee or the Registrar hereunder shall be deemed to be outstanding until it shall be cancelled or delivered to the Trustee for cancellation or moneys for the payment thereof shall be set aside under Section 7.02 provided that:
Meaning of “outstanding” for Certain Purposes. Except as provided in Section 3.5, every Rights Certificate countersigned and delivered by the Canadian Trustee under this Indenture and every Uncertificated Right shall be deemed to be outstanding until the earlier of the Full Payment Date and the Termination Date; provided however that where a Rights Certificate or Uncertificated Right has been issued in substitution for a Rights Certificate that has been lost, stolen or destroyed, only one of them shall be counted for the purpose of determining the Rights outstanding; provided further that in determining whether the Holders of the requisite Rights have given any request, demand, direction, consent or waiver hereunder, Rights owned by Aura or any Affiliate of Aura, whether held as treasury securities or otherwise, shall be disregarded and deemed not to be outstanding. Any Rights held by Aura or any of its Affiliates shall be deemed not to be outstanding for the purposes of this Indenture.
Meaning of “outstanding” for Certain Purposes. Each Note issued and certified in accordance with the terms hereof will be deemed to be outstanding until it has been surrendered by the Noteholder to the Indenture Trustee and cancelled by the Indenture Trustee, or until payment for which money in the necessary amount has been deposited with the Indenture Trustee for the Noteholders; provided however, where a new Note has been issued in substitution for a Note which has been mutilated, destroyed, lost or stolen, only the substituted Note will be counted for the purpose of determining the aggregate principal amount of Notes outstanding.
Meaning of “outstanding” for Certain Purposes. Every Bond certified and delivered by the Trustee shall be deemed to be outstanding until it shall be cancelled or delivered to the Trustee for cancellation, provided, however, that:
(a) where a new Bond has been issued in substitution for a Bond which has been lost, destroyed or stolen, only one of them shall be counted for the purpose of determining the aggregate principal amount of Bonds outstanding; and
(b) for the purpose of any provision of this Indenture entitling Bondholders to vote, sign consents, requests or other instruments or take any other action under this Indenture, Bonds owned by the Corporation or any Affiliate shall be disregarded, except that (i) for the purpose of determining whether the Trustee shall be protected in relying on any such vote, consent, request, instrument or other action, only the Bonds which the Trustee knows are so owned shall be so disregarded, and (ii) Bonds so owned which have been pledged in good faith other than to the Corporation or any Affiliate shall not be so disregarded if the pledgee establishes to the satisfaction of the Trustee the pledgee's right to vote such Bonds in its discretion free from the control of the Corporation or any Affiliate.
Meaning of “outstanding” for Certain Purposes. Every Debenture certified and delivered by the Trustee hereunder shall be deemed to be outstanding until it shall be cancelled or delivered to the Trustee for cancellation or moneys for the payment thereof shall have been set aside under section 11.02, provided that:
(1) Debentures which have been partially redeemed shall be deemed to be outstanding only to the extent of the unredeemed part of the principal amount thereof;
(2) where a new Debenture has been issued in substitution for a Debenture which has been lost, stolen or destroyed, only one of them shall be counted for the purpose of determining the aggregate principal amount of Debentures outstanding; and
(3) for the purpose of any provision of this Trust Indenture entitling holders of outstanding Debentures to vote, sign consents, requisitions or other instruments or take any other action under this Trust Indenture, Debentures owned legally or equitably by the Bank shall be disregarded except that:
Meaning of “outstanding” for Certain Purposes. Except as provided in Section 3.5, every Rights Certificate countersigned and delivered by the Rights Agent under this Indenture shall be deemed to be outstanding until the earlier of the Payment Date and the Termination Date; provided however that where a Rights Certificate has been issued in substitution for a Rights Certificate that has been lost, stolen or destroyed, only one of them shall be counted for the purpose of determining the Rights outstanding. Any Rights held by Pan American or any of its Affiliates shall be deemed not to be outstanding for the purposes of this Indenture.
