Page:United States Statutes at Large Volume 53 Part 2.djvu/676

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PUBLIC LAWS-CH. 411-AUG. 3 , 1939 "Executiveofficer." "(6) The term 'executive officer' means the president, every vice president, every trust officer, the cashier, the secretary, and the treasurer of a corporation, and any individual customarily perform- ing similar functions with respect to any organization whether incor- Ecepton. porated or unincorporated, but shall not include the chairman of the board of directors. "ndenture (7) The term 'indenture' means any mortgage, deed of trust, trust or other indenture, or similar instrument or agreement (including any supplement or amendment to any of the foregoing), under which securities are outstanding or are to be issued, whether or not any property, real or personal, is, or is to be, pledged, mortgaged, assigned, or conveyed thereunder. "applcation orqu i "(8) The term 'application' or 'application for qualification' means fication." the application provided for in section 307, and includes any amend- ment thereto and any report, document, or memorandum accompany- ing such application or incorporated therein by reference. "Iandenture to be "(9) The term 'indenture to be qualified' means (A) the indenture under which there has been or is to be issued a security in respect of which a particular registration statement has been filed, or (B) the indenture in respect of which a particular application has been filed. tendenture trus- "(10) The term 'indenture trustee' means each trustee under the indenture to be qualified, and each successor trustee. t"Indenture secu- "(11) The term 'indenture security' means any security issued or issuable under the indenture to be qualified. "Obligor." "(12) The term 'obligor', when used with respect to any such indenture security, means every person who is liable thereon, and, if such security is a certificate of interest or participation, such term means also every person who is liable upon the security or securities Exception. in which such certificate evidences an interest or participation; but such term shall not include the trustee under an indenture under which certificates of interest or participation, equipment trust cer- tificates, or like securities are outstanding. "Paying aent." "(13) The term 'paying agent', when used with respect to any such indenture security, means any person authorized by an obligor thereon (A) to pay the principal of or interest on such security on behalf of such obligor, or (B) if such security is a certificate of interest or participation, equipment trust certificate, or like security, to make such payment on behalf of the trustee. "State." "(14) The term 'State' means any State of the United States. "Commission." "(15) The term 'Commission' means the Securities and Exchange Commission. "Voting security." "(16) The term 'voting security' means any security presently entitling the owner or holder thereof to vote in the direction or management of the affairs of a person, or any security issued under or pursuant to any trust, agreement, or arrangement whereby a trustee or trustees or agent or agents for the owner or holder of such security are presently entitled to vote in the direction or man- agement of the affairs of a person; and a specified percentage of the voting securities of a person means such amount of the out- standing voting securities of such person as entitles the holder or holders thereof to cast such specified percentage of the aggregate votes which the holders of all the outstanding voting securities of such person are entitled to cast in the direction or management of the affairs of such person. Designated Acts to "(17) The terms 'Securities Act of 1933', 'Securities Exchange "1 . us . cihs. Act of 1934', and 'Public Utility Holding Company Act of 1935' 2A,2B; Supp. IV , chs. 2A,'2B, 2C. shall be deemed to refer, respectively, to such Acts, as amended, whether amended prior to or after the enactment of this title. 1152 [53 STAT.