Meaning of outstanding. (a) Every Debenture certified and delivered by the Trustee hereunder shall be deemed to be outstanding until: (i) it shall be cancelled; or (ii) it shall be delivered to the Trustee for cancellation. (b) When a new Debenture has been issued in substitution for a Debenture pursuant to Section 2.8, only one of such Debentures shall be counted for the purpose of determining the aggregate principal amount of Debentures outstanding. (c) For the purposes of any provision of this Trust Indenture entitling Debentureholders to vote, sign consents, requisitions or other instruments or to take any other action under this Trust Indenture, Debentures owned directly or indirectly, legally or equitably, by the Corporation or any Subsidiary of the Corporation shall be disregarded except that: (i) for the purpose of determining whether the Trustee shall be protected in relying on any such vote, consent, requisition, instrument or other action, only the Debentures which have been certified to the Trustee as so owned shall be so disregarded; and (ii) Debentures so owned which have been pledged in good faith other than to the Corporation or a Subsidiary of the Corporation shall not be so disregarded if the pledgee shall establish to the satisfaction of the Trustee the pledgee’s right to vote such Debentures in its discretion free from the control of the Corporation or any Subsidiary of the Corporation.
Appears in 2 contracts
Samples: Trust Indenture (Surge Global Energy, Inc.), Trust Indenture (Surge Global Energy, Inc.)
Meaning of outstanding. (a) Every Debenture Note certified and delivered by the Trustee hereunder shall be deemed to be outstanding until:
(i) until it shall be cancelled; or
(ii) it shall be , delivered to the Trustee for cancellation.cancellation or monies for the payment thereof shall have been set aside under Section 4.6, Section 6.2 or Section 7.2, as the case may be, provided that:
(ba) When when a new Debenture Note has been issued in substitution for a Debenture Note pursuant to Section 2.8, 2.13 only one of such Debentures Notes shall be counted for the purpose of determining the aggregate principal amount of Debentures Notes outstanding.; and
(cb) For for the purposes of any provision of this Trust Note Indenture entitling Debentureholders holders of outstanding Notes to vote, sign consents, requisitions or other instruments or to take any other action under this Trust Note Indenture, Debentures Notes owned directly or indirectly, legally or equitably, by the Corporation Company or any Subsidiary of the Corporation shall be disregarded except that:
(i) for the purpose of determining whether the Trustee shall be protected in relying on any such vote, consent, requisition, instrument or other action, only the Debentures Notes which have been certified to the Trustee as Trustee, after reasonable inquiry, knows are so owned shall be so disregarded; and
(ii) Debentures Notes so owned which have been pledged in good faith other than to the Corporation Company or a Subsidiary of the Corporation shall not be so disregarded if the pledgee shall establish to the satisfaction of the Trustee the pledgee’s right to vote such Debentures Notes in its his discretion free from the control of the Corporation Company or any Subsidiary of the CorporationSubsidiary.
Appears in 1 contract
Meaning of outstanding. (a) Every Debenture Note certified and delivered by the Trustee hereunder shall be deemed to be outstanding until:
(i) until it shall be cancelled; or
(ii) it shall be , delivered to the Trustee for cancellation.cancellation or monies for the payment thereof shall have been set aside under section 4.5, section 6.2 or section 7.2, as the case may be, provided that:
(ba) When when a new Debenture Note has been issued in substitution for a Debenture Note pursuant to Section 2.8, section 2.13 only one of such Debentures Notes shall be counted for the purpose of determining the aggregate principal amount of Debentures Notes outstanding.; and
(cb) For for the purposes of any provision of this Trust Note Indenture entitling Debentureholders holders of outstanding Notes to vote, sign consents, requisitions or other instruments or to take any other action under this Trust Note Indenture, Debentures Notes owned directly or indirectly, legally or equitably, by the Corporation or any Subsidiary of the Corporation shall be disregarded except that:
(i) for the purpose of determining whether the Trustee shall be protected in relying on any such vote, consent, requisition, instrument or other action, only the Debentures Notes which have been certified to the Trustee as Trustee, after reasonable inquiry, knows are so owned shall be so disregarded; and
(ii) Debentures Notes so owned which have been pledged in good faith other than to the Corporation or a Subsidiary of the Corporation shall not be so disregarded if the pledgee shall establish to the satisfaction of the Trustee the pledgee’s right to vote such Debentures Notes in its his discretion free from the control of the Corporation or any Subsidiary of the CorporationSubsidiary.
Appears in 1 contract
Meaning of outstanding. (a) Every Debenture Warrant certified and delivered by the Trustee Warrant Agent hereunder shall be deemed to be outstanding untiluntil it shall be cancelled or delivered to the Warrant Agent for cancellation provided that:
(i) it shall be cancelled; or
(ii) it shall be delivered to the Trustee for cancellation.
(ba) When a new Debenture Warrant certificate has been issued in substitution for a Debenture pursuant to Section 2.8Warrant certificate which has been mutilated, lost, stolen or destroyed, only one of such Debentures Warrant certificates shall be counted for the purpose of determining the aggregate principal amount number of Debentures Warrants outstanding.; and
(cb) For the purposes of any provision of this Trust Indenture entitling Debentureholders holders of outstanding Warrants to vote, sign consents, requisitions or other instruments or to take any other action under this Trust Indenture, Debentures owned Warrants owned, directly or indirectly, legally or equitably, by the Corporation or any Subsidiary of the Corporation shall be disregarded disregarded, except that:
(i) for the purpose of determining whether the Trustee Warrant Agent shall be protected in acting and relying on any such vote, consent, requisition, requisition or other instrument or other action, only the Debentures Warrants which have been certified to the Trustee as Warrant Agent has written notice that they are so owned shall be so disregarded; and
(ii) Debentures Warrants so owned which have been pledged in good faith other than to the Corporation or a Subsidiary of the Corporation shall not be so disregarded if the pledgee shall establish to the satisfaction of the Trustee Warrant Agent that the pledgee’s 's right to vote such Debentures Warrants in its the pledgee's discretion is free from the control of the Corporation or any Subsidiary of the Corporation.
Appears in 1 contract
Samples: Warrant Indenture (Champion Communication Services Inc)
Meaning of outstanding. (a) Every Debenture Unit issued, certified and delivered by the Trustee hereunder shall be deemed to be outstanding until:
(i) until it shall be cancelled; or
(ii) it shall be cancelled or delivered to the Trustee Trustees or Transfer Agent for cancellation.cancellation provided that:
(b) When 8.16.1 when a new Debenture certificate has been issued in substitution for replacement of a Debenture pursuant to Section 2.8Unit Certificate which has been lost, stolen, mutilated or destroyed, only one of such Debentures Unit Certificates shall be counted for the purpose purposes of determining the aggregate principal amount number of Debentures Units outstanding.; and
(c) For 8.16.2 for the purposes purpose of any provision of this Contract of Trust Indenture entitling Debentureholders holders of outstanding Units to vote, sign consents, requisitions or other instruments or to take any other action under this Trust IndentureContract of Trust, Debentures owned Units owned, directly or indirectly, legally or equitably, by the Corporation Trust or any Subsidiary of the Corporation thereof shall be disregarded disregarded, except that:
(ia) for the purpose of determining whether the Trustee Trustees shall be protected in relying on any such vote, consent, requisition, requisition or other instrument or other action, action only the Debentures Units which have been certified to the Trustee as Trustees know are so owned shall be so disregarded; and
(iib) Debentures Units so owned which have been hypothecated, mortgaged or pledged in good faith other than to the Corporation Trust or a Subsidiary of the Corporation thereof shall not be so disregarded if the hypothequee, mortgagee or pledgee shall can establish to the satisfaction of the Trustee Trustees that the hypothequee, mortgagee or pledgee’s right to vote such Debentures Units in its his or her discretion is free from the control of the Corporation Trust or any Subsidiary of the Corporationaffiliate thereof.
Appears in 1 contract
Samples: Contract of Trust
Meaning of outstanding. (a) Every Debenture certified and delivered by the Trustee hereunder shall be deemed to be outstanding until:
(i) as of and from the date of such certification until it shall be cancelled; or
(ii) it shall be is cancelled or delivered to the Trustee for cancellation., provided that:
(ba) When where a new Debenture has been issued in substitution for a Debenture pursuant to Section 2.8that has been lost, stolen or destroyed, only one of such Debentures shall them will be counted for the purpose of determining the aggregate principal amount of Debentures outstanding.; and
(cb) For for the purposes purpose of any provision of this Trust Indenture entitling Debentureholders holders of outstanding Debentures to vote, sign consents, requisitions requests or other instruments or to take any other action under this Trust Indenture, Debentures owned directly or indirectly, legally or equitably, equitably by the Corporation or any Subsidiary of the Corporation thereof shall be disregarded disregarded, except that:
(i) for the purpose of determining whether the Trustee shall be protected in relying on any such vote, consent, requisition, request or other instrument or other action, only the Debentures of which have been certified to the Trustee as has notice that they are so owned shall be so disregarded; and
(ii) Debentures so owned which have been pledged in good faith other than to the Corporation or a any Subsidiary of the Corporation thereof shall not be so disregarded if the pledgee shall establish to the satisfaction of the Trustee the pledgee’s 's right to vote such the Debentures in its the pledgee’s discretion free from the control of the Corporation or any Subsidiary thereof, as the case may be, and the terms of the Corporationpledge thereof as to the right to vote shall govern.
Appears in 1 contract
Samples: Trust Indenture