Common use of Outstanding” Defined Clause in Contracts

Outstanding” Defined. For purposes of the provisions of this Agreement and the Securities of any Series, any Security of such Series authenticated and delivered pursuant to this Agreement shall, as of any date of determination, be deemed to be “Outstanding,” except: (i) Securities theretofore canceled by the Fiscal Agent or delivered to the Fiscal Agent for cancellation; (ii) Securities which have been called for redemption in accordance with their terms or which have become due and payable at maturity or otherwise and with respect to which monies sufficient to pay the principal thereof (and premium, if any) and any interest thereon shall have been made available to the Fiscal Agent; or (iii) Securities in lieu of or in substitution for which other Securities shall have been authenticated and delivered pursuant to this Agreement; provided, however, that in determining whether the holders of the requisite principal amount of Outstanding Securities of a Series are present at a meeting of holders of Securities of such Series for quorum purposes or have consented to or voted in favor or any request, demand, authorization, direction, notice, consent, waiver, amendment, modification or supplement hereunder, Securities of such Series owned, directly or indirectly, by Colombia or any public sector instrumentality of Colombia shall be disregarded and deemed not to be Outstanding, except that in determining whether the Fiscal Agent shall be protected in relying upon any such request, demand, authorization, direction, notice, consent, waiver, amendment, modification or supplement, only Securities of such Series which the Fiscal Agent knows to be so owned shall be so disregarded. As used in this paragraph, “public sector instrumentality” means Banco de la República, any department, ministry or agency of the central government of Colombia or any corporation, trust, financial institution or other entity owned or controlled by the central government of Colombia or any of the foregoing, and “control” means the power, directly or indirectly, through the ownership of voting securities or other ownership interests or otherwise, to direct the management of or elect or appoint a majority of the board of directors or other persons performing similar functions in lieu of, or in addition to, the board of directors of a corporation, trust, financial institution or other entity.”

Appears in 2 contracts

Samples: Fiscal Agency Agreement (Republic of Colombia), Fiscal Agency Agreement (Republic of Colombia)

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Outstanding” Defined. For purposes of the provisions of this Agreement and the Securities of any Series, any Security of such Series authenticated and delivered pursuant to this Agreement shall, as of any date of determination, be deemed to be “Outstanding,” ”, except: (i) Securities theretofore canceled by the Fiscal Agent or delivered to the Fiscal Agent for cancellationcancellation or held by the Fiscal Agent for reissuance but not reissued by the Fiscal Agent; (ii) Securities which have been called for redemption in accordance with their terms or which have become due and payable at maturity or otherwise and with respect to which monies sufficient to pay the principal thereof (and premium, if any) and any interest thereon shall have been made available to the Fiscal Agent; or (iii) Securities in lieu of or in substitution for which other Securities shall have been authenticated and delivered pursuant to this Agreement; provided, however, that in determining whether the holders of the requisite principal amount of Outstanding Securities of a Series are present at a meeting of holders of Securities of such Series for quorum purposes or have consented to or voted in favor or any request, demand, authorization, direction, notice, consent, waiver, amendment, modification or supplement hereunder, Securities of such Series owned, directly or indirectly, by Colombia South Africa or any public sector instrumentality of Colombia South Africa shall be disregarded and deemed not to be Outstanding, except that in determining whether the Fiscal Agent shall be protected in relying upon any such request, demand, authorization, direction, notice, consent, waiver, amendment, modification or supplement, only Securities of such Series which the Fiscal Agent knows to be so owned shall be so disregarded. As used in this paragraph, “public sector instrumentality” means Banco de la Repúblicathe South African Reserve Bank, any department, ministry or agency of the central South African government of Colombia or any corporation, trust, financial institution or other entity owned or controlled by the central South African government of Colombia or any of the foregoing, and “control” means the power, directly or indirectly, through the ownership of voting securities or other ownership interests or otherwise, to direct the management of or elect or appoint a majority of the board of directors or other persons performing similar functions in lieu of, or in addition to, the board of directors of a corporation, trust, financial institution or other entity.

Appears in 1 contract

Samples: Fiscal Agency Agreement (Republic of South Africa)

Outstanding” Defined. For purposes of the provisions of this Agreement and the Securities Bonds of any Series, any Security Bond of such that Series authenticated and delivered pursuant to this Agreement shall, as of any date of determination, be deemed to be “Outstanding,” ”, except: (i) Securities Bonds theretofore canceled by the Fiscal Agent or delivered to the Fiscal Agent for cancellationcancellation or held by the Fiscal Agent for reissuance but not reissued by the Fiscal Agent; (ii) Securities Bonds which have been called for redemption in accordance with their terms or which have become due and payable at maturity or otherwise and with respect to which monies sufficient to pay the principal thereof thereto (and premium, if any) and any interest thereon shall have been made available to the Fiscal Agent; or (iii) Securities Bonds in lieu of or in substitution for which other Securities Bonds shall have been authenticated and delivered pursuant to this Agreement; provided, however, that in determining whether the holders of the requisite principal amount of Outstanding Securities Bonds of a any Series are present at a meeting of holders of Securities Bonds of such that Series for quorum purposes or have consented to or voted in favor or any request, demand, authorization, direction, notice, consent, waiver, amendment, modification or supplement hereunder, Securities Bonds of such that Series owned, directly or indirectly, by Colombia Peru or any public sector instrumentality of Colombia Peru shall be disregarded and deemed not to be Outstanding, except that in determining whether the Fiscal Agent shall be protected in relying upon any such request, demand, authorization, direction, notice, consent, waiver, amendment, modification or supplement, only Securities Bonds of such that Series which the Fiscal Agent knows to be so owned shall be so disregarded. As used in this paragraph, “public sector instrumentality” means Banco Central de la RepúblicaReserva del Perú, any department, ministry or agency of the central government of Colombia Peru or any corporation, trust, financial institution or other entity owned or controlled by the central government of Colombia Peru or any of the foregoing, and “control” means the power, directly or indirectly, through the ownership of voting securities or other ownership interests interest or otherwise, to direct the management of or elect or appoint a majority of the board of directors or other persons performing similar functions in lieu of, or in addition to, the board of directors of a corporation, trust, financial institution or other entity.”

Appears in 1 contract

Samples: Fiscal Agency Agreement (Peru Republic Of)

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Outstanding” Defined. For purposes of the provisions of this Agreement and the Securities of any Series, any Security of such Series authenticated and delivered pursuant to this Agreement shall, as of any date of determination, be deemed to be “Outstanding,” ”, except: (ia) Securities theretofore canceled cancelled by the Fiscal Agent or delivered to the Fiscal Agent for cancellationcancellation or held by the Fiscal Agent for reissuance but not reissued by the Fiscal Agent; (iib) Securities which have been called for redemption in accordance with their terms or which have become due and payable at maturity or otherwise and with respect to which monies sufficient to pay the principal thereof (and premium, if any) and any interest thereon shall have been made available to the Fiscal Agent; or (iiic) Securities in lieu of or in substitution for which other Securities shall have been authenticated and delivered pursuant to this Agreement; provided, however, that in determining whether the holders of the requisite principal amount of Outstanding Securities of a Series are present at a meeting of holders of Securities of such Series for quorum purposes or have consented to or voted in favor or any request, demand, authorization, direction, notice, consent, waiver, amendment, modification or supplement hereunder, Securities of such Series owned, directly or indirectly, by Colombia South Africa or any public sector instrumentality of Colombia South Africa shall be disregarded and deemed not to be Outstanding, except that in determining whether the Fiscal Agent shall be protected in relying upon any such request, demand, authorization, direction, notice, consent, waiver, amendment, modification or supplement, only Securities of such Series which the Fiscal Agent knows to be so owned shall be so disregarded. As used in this paragraph, “public sector instrumentality” means Banco de la Repúblicathe South African Reserve Bank, any department, ministry or agency of the central South African government of Colombia or any corporation, trust, financial institution or other entity owned or controlled by the central South African government of Colombia or any of the foregoing, and “control” means the power, directly or indirectly, through the ownership of voting securities or other ownership interests or otherwise, to direct the management of or elect or appoint a majority of the board of directors or other persons performing similar functions in lieu of, or in addition to, the board of directors of a corporation, trust, financial institution or other entity.

Appears in 1 contract

Samples: Fiscal Agency Agreement (Republic of South Africa)

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