80005053 - Laserfiche WebLink

Browse

$0- ~G~053 2a (4) Tire term "outstanding'' means issued- and not held by or for the account of the issuer. T'he fallowing. securities shall not be deemed outstanding within the rneaning.of this definition: (~) seczrr7ties of an issuer held in a sinking fund relating tv securities of tha issuer of the same class; ($) securities of an issuer held in a sinking fund relating ttr another class of se,^.urities of the issuer, if the obligation evi- denced by such other class of securities is not in default as to principal or interest or otherwise; (C) securities pledged by k.he issuer thereof as security for an obligation of the issuer rct in default as to principal or interest or otherwise; and (D) sectu•itias held'in escrow if placed in escrow by the issuer thereof: proznded, horet~r~r, that any voting securities of an issuer shall be deemed outstanding if any person other than the issuer is entitled to exercise the voting rights thereof. (S) a seeurit.y .hall be deemed to be of 6he same class as another scz-uritt if iK~tli secicr{ities rotifer upon the Holder or holders tirereaf substantially the same rights and privileges; prvnided, iuawez~er, that„ in the rase of secured evidences of indebtedness, ail of which .are issued under a sineie indenture, differences in the interest rates or rnaturity dates of various series thereof shall not be deemed suf&- cient to constitute such series different classes and Tnatnded, further, that. in the rase of u*_rsecured evidences of indebtedness, difgerences ire the interest races or maturitg dates thereaf ;hall not be deemed sufftcient to constitute them securities of different classes, whether or act then are issut~3 corder a single indenture. ~~ dkcrros 17_Cj3. (,:r)(I) 3ubjcot to paragraph (b) of this 3rction 17A3, if either "trustee shall be yr ,hall lreeorne a credi*or, directly or indirectly, seeurcxi yr unceeun^d, of the Company within fnur months prior to a detauk., a, dr--hued in paragraph Er} of this .Section 1?.t)3, or subsequent to su.h a default, then, unless and until such default .hall be toted, such Trustee slz;all set apart and hold in a special ar;rxxrnt 1"or the bent fit of t hr Trustee Sndi~°idualiy, ttr~ holders of the fonds acrd the hoIdera of other indenture securities (as defined in paraft=raph (c} a: this ~tKtion I7.031: t-ii as anro»azt euusi tr, an;- xnd a:i redzrctiuns uc the amount due acrd owin4K urn any claim as -ut~h creditor i. resper;t• =sf principal or litre-zest, rfl'txirsd after tare bettierrun~ ct .;ucitr lour nwnthv' per-iud :and