Study of ReconStruction Finance Corporation, Hearings Before a Subcommittee of ..., 81-2 ... Pursuant to S. Res. 219, 81st Congress, Loan to Waltham Watch Co., July 20 and 21, 1950

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185. lappuse - The criterion of earning capacity is the essential one if the enterprise is to be freed from the heavy hand of past errors, miscalculations or disaster, and if the allocation of securities among the various claimants is to be fair and equitable.
42. lappuse - Shall, in any manner directly or indirectly, participate in the deliberation upon, or the determination of, any question affecting his personal interests, those of any person related to him by blood or marriage, or those of any partnership, association, or any corporation in which he is directly or indirectly interested...
185. lappuse - Commission is authorized and directed to make a study and investigation of the work, activities, personnel, and functions of protective and reorganization committees...
185. lappuse - Whether or not the earnings may reasonably be expected to meet the interest and dividend requirements of the new securities Is a sine qua non to a determination of the Integrity and practicability of the new capital structure.
191. lappuse - ... by a sale of such property free of such claims, at not less than a fair upset price, and the transfer of such claims to the proceeds of such sale; or (c) by appraisal and payment in cash of the value of such claims; or (d) by such method as will, under and consistent with the circumstances of the particular case, equitably and fairly provide such protection...
192. lappuse - ... adequate protection for the realization by them of the value of their equity, if any, in the property of the debtor dealt with by the plan, either as provided in the plan or in the order confirming the plan, (a) by the sale of such property at not less than a fair upset price...
185. lappuse - This is based upon the familiar rule that the stockholder's interest in the property is subordinate to the rights of creditors, first of secured, and then of unsecured creditors. And any arrangement of the parties by which the subordinate rights and interests of the stockholders are attempted to be secured at the expense of the prior rights of either class of creditors comes within judicial denunciation.
191. lappuse - ... (7) shall provide for any class of creditors which is affected by and does not accept the plan by the two-thirds majority in amount required under this chapter, adequate protection for the realization by them of the value of their claims against the property dealt with by the plan and affected by such claims...
192. lappuse - ... (8) shall provide for any class of stockholders which is affected by the plan and does not accept the plan by the majority of the stock required under this chapter, adequate protection for the realization by them of the value of their equity, if any, in the property of the debtor dealt with by the plan, either as provided in the plan...
42. lappuse - ... (e) No director, officer, attorney, agent, or employee of the bank shall in any manner, directly or indirectly, participate in the deliberation upon or the determination of any question affecting his personal interests, or the interests of any corporation, partnership, or association in which he is directly or indirectly personally interested.

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