Any interest or other distribution out of assets of the company is a distribution if it is paid or made:
(1) in respect of1 securities of the company which are non-commercial securities, that is where the consideration given by the company for the use of the principal thereby secured represents more than a reasonable commercial return for the use of that principal, except so much, if any, of any such distribution as represents that principal and so much as represents a reasonable commercial return for the use of that principal2;
(2) in respect of securities of the company, except
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