(1)In this Chapter, unless the contrary intention appears, the following expressions have the following meanings respectively assigned to them, that is to say—
" company " means an incorporated company (whether a company within the meaning of this Act or nod which the Court of Session has jurisdiction to wind up;
" secured debenture " means a bond, debenture, debenture stock or other security which, either itself or by reference to any other instrument, creates a floating charge over all or any part of the property of the company, but does not include a security which creates no charge other than a fixed security ;
" series of secured debentures" means two or more secured debentures created as a series by the company in such a manner that the holders thereof are entitled pari passu to the benefit of the floating charge.
(2)Where a floating charge, secured debenture or series of secured debentures has been created by the company, then, except where the context otherwise requires, any reference in this Chapter to the holder of the floating charge shall—
(a)where the floating charge, secured debenture or series of secured debentures provides for a receiver to be appointed by any person or body, be construed as a reference to that person or body;
(b)where, in the case of a series of secured debentures, no such provision has been made therein but—
(i)there are trustees acting for the debenture-holders under and in accordance with a trust deed, be construed as a reference to those trustees; and
(ii)where no such trustees are acting, be construed as a reference to—
(aa)a majority in nominal value of those present or represented by proxy and voting at a meeting of debenture-holders at which the holders of at least one-third in nominal value of the outstanding debentures of the series are present or so represented; or
(bb)where no such meeting is held, the holders of at least one-half in nominal value of the outstanding debentures of the series.
(3)Any reference in this Chapter to a floating charge, secured debenture, series of secured debentures or instrument creating a charge includes, except where the context otherwise requires, a reference to that floating charge, debenture, series of debentures or instrument as varied by any instrument.