SYT » Topics » outstanding

This excerpt taken from the SYT 20-F filed Feb 18, 2009.
outstanding" means, in relation to the Notes of any Series, all the Notes of such Series other than:
 
 
(a)
those which have been redeemed in accordance with this Trust Deed;
 
 
(b)
those in respect of which the date for redemption in accordance with the provisions of the Conditions has occurred and for which the redemption moneys (including all interest accrued thereon to the date for such redemption) have been duly paid to the Trustee or the Principal Paying Agent in the manner provided for in the Paying Agency Agreement (and, where appropriate, notice to that effect has been given to the Noteholders in accordance with Condition 20 (Notices) and remain available for payment in accordance with the Conditions;
 
 
(c)
those which have been purchased and surrendered for cancellation as provided in Condition 10 (Redemption and Purchase) and notice of the cancellation of which has been given to the Trustee;
 
 
(d)
those which have become void under Condition 14 (Prescription);
 
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(e)
those mutilated or defaced Notes which have been surrendered or cancelled and in respect of which replacement Notes have been issued pursuant to Condition 15 (Replacement of Notes and Coupons); and
 
 
(f)
(for the purpose only of ascertaining the aggregate nominal amount of Notes outstanding and without prejudice to the status for any other purpose of the relevant Notes) those Notes which are alleged to have been lost, stolen or destroyed and in respect of which replacements have been issued pursuant to Condition 15 (Replacement of Notes and Coupons);
 
provided that for each of the following purposes, namely:
 
 
(i)
the right to attend and vote at any meeting of the holders of Notes of any Series;
 
 
(ii)
the determination of how many and which Notes of any Series are for the time being outstanding for the purposes of Clauses 9.1 (Legal Proceedings) and 8.1 (Waiver), Condition 13 (Events of Default) and 17 (Meetings of Noteholders; Modification and Waiver; Substitution) and Schedule 3 (Provisions For Meetings of Noteholders); and
 
 
(iii)
any discretion, power or authority, whether contained in this Trust Deed or provided by law, which the Trustee is required to exercise in or by reference to the interests of the holders of the Notes of any Series or any of them;
 
those Notes (if any) of the relevant Series which are for the time being held by any person (including but not limited to the relevant Issuer, the Guarantor, or any Subsidiary of either) for the benefit of the relevant Issuer, the Guarantor, or any Subsidiary of either shall (unless and until ceasing to be so held) be deemed not to remain outstanding;
 
"

"outstanding" elsewhere:

Chiquita Brands International (CQB)
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