 | United States. Securities and Exchange Commission - 1958 - 1232 lapas
...determination of that issue [solvency], except as they may indirectly bear on earning capacity. . . . The criterion of earning capacity is the essential...the various claimants is to be fair and equitable. . . . Since its application requires a prediction as to what will occur in the future, an estimate,... | |
 | United States. Securities and Exchange Commission - 1941 - 1124 lapas
...229; New York Trust Co. v. Continental tt Commercial Trust & 8av. Bank. 8 Cir., 26 F. (2d) 872, 874. The criterion of earning capacity Is the essential...the various claimants Is to be fair and equitable. In re Wickwire Spencer Steel Co., DC, 12 P. Supp. 528, 533; 2 Bonbright, Valuation of Property, pp.... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1941 - 828 lapas
...F. 2d 226, 229; New York Trust Co. v. Continental & Commercial Trust & Sav. Bank, 26 F. 2d 872, 874. The criterion of earning capacity is the essential...the various claimants is to be fair and equitable. In re Wickwire Spencer Steel Co., 12 F. Supp. 528, 533; 2 Bonbright, Valuation of Property, pp. 870-881,... | |
 | United States. Congress. House. Committee on the Judiciary - 1943 - 376 lapas
...rate making purposes. We disagree. We recently stated in Consolidated Rock Products Co. v. DuBois, supra, in connection with a reorganization of an industrial...the various claimants is to be fair and equitable." p. 526. That is equally applicable to a railroad reorganization. Mr. Justice Brandies once stated that... | |
 | United States. Congress. House. Committee on the Judiciary - 1946 - 206 lapas
...rate-making purposes. We disagree. We recently stated in Consolidated Rock Products Co. v. DuBois, supra, in connection with a reorganization of an industrial...of securities among the various claimants is to be lair and equitable. * * *'" "Continuing the Court said : " 'A basic requirement of any reorganization... | |
 | United States. Congress. Senate. Banking and Currency Committee - 1950 - 208 lapas
...had, indefensible participation of junior securities in plans of reorganization may result. "* * * The criterion of earning capacity is the essential...the various claimants is to be fair and •equitable * * *. "* * * Whether a company is solvent or insolvent In either the equity or bankruptcy sense, 'any... | |
 | United States. Supreme Court - 1968 - 1180 lapas
...of solvency arising in connection with reorganization plans involving productive properties. . . . The criterion of earning capacity is the essential...the various claimants is to be fair and equitable. . . . Since its application requires a prediction as to what will occur in the future, an estimate,... | |
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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. 
