Common use of Meaning of “outstanding” for Certain Purposes Clause in Contracts

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.

Appears in 1 contract

Samples: Trust Indenture (Caterpillar Financial Services Corp)

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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 Six8, provided that: where or until it shall have become void pursuant to section 2.4. 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 all purposes, including, without limitation, the purpose of determining the aggregate principal amount of Notes outstanding. Notes owned, and directly or indirectly, legally or beneficially by VGZ or any Affiliate of VGZ shall be disregarded for the purpose of any provision of this Indenture entitling Registered Noteholders (or the proxy of such Registered Noteholders) Holders of outstanding Notes to vote, constitute a quorum for the purpose of voting, 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 (a) for the purpose of determining whether the Trustee shall be protected in relying on any such vote, constitution of a quorum, consent, requisition or other action action, only those Notes with respect to which the Trustee has received a Written Notice to the effect that they knows are so owned shall be disregarded, disregarded and (b) Notes so owned which have been pledged in good faith other than to the Corporation VGZ or any Affiliate of VGZ shall not be so disregarded if the pledgee shall establish to the satisfaction of the Trustee the pledgee's ’s right to vote such Notes in its discretion his discretion, free from the control of the Corporation VGZ or any AffiliateAffiliate of VGZ.

Appears in 1 contract

Samples: Senior Secured Note Indenture (Vista Gold Corp)

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 Six8, provided that: where or until it shall have become void pursuant to section 2.4. 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 all purposes, including, without limitation, the purpose of determining the aggregate principal amount of Notes outstanding. Notes owned, and directly or indirectly, legally or beneficially by GBG or any Affiliate of GBG shall be disregarded for the purpose of any provision of this Indenture entitling Registered Noteholders (or the proxy of such Registered Noteholders) Holders of outstanding Notes to vote, constitute a quorum for the purpose of voting, 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 (a) for the purpose of determining whether the Trustee shall be protected in relying on any such vote, constitution of a quorum, consent, requisition or other action action, only those Notes with respect to which the Trustee has received a Written Notice to the effect that they knows are so owned shall be disregarded, disregarded and (b) Notes so owned which have been pledged in good faith other than to the Corporation GBG or any Affiliate of GBG shall not be so disregarded if the pledgee shall establish to the satisfaction of the Trustee the pledgee's ’s right to vote such Notes in its discretion his discretion, free from the control of the Corporation GBG or any AffiliateAffiliate of GBG.

Appears in 1 contract

Samples: Senior Secured Note Indenture (Great Basin Gold LTD)

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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 or securities for the payment thereof shall be set aside under Article Six6, provided that: : (a) 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 and (b) 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 that (i) 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 written notice to the effect that they are so owned shall be disregarded, and and (ii) 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 ’s right to vote such Notes in its discretion free from the control of the Corporation or any Affiliate.

Appears in 1 contract

Samples: Trust Indenture (American Express Credit Corp)

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