17:9A-161. Provisions of plan of reorganization
A. Every plan of reorganization shall state:
(1) the names of the persons who will be the directors of the bank;
(2) the names of the persons who will be the officers of the bank;
(3) the amount of the capital stock, the classes into which it will be divided, the par value of the shares of each class, and the number of shares in each class; if preferred stock is to be issued, the plan shall state the matters specified in subsection A of section 125;
(4) the amount of the surplus of the bank upon reorganization;
(5) the powers authorized by this act which the bank will have power to exercise;
(6) the claims of creditors, if any, which will be paid in cash in full;
(7) the creditors or stockholders, or any class of creditors or stockholders, not adversely affected by the plan, and the provisions, if any, with respect to them;
(8) the provisions for any class or classes of creditors or stockholders adversely affected by the plan;
(9) the means for execution of the plan; and
(10) the provisions for payment of all costs and expenses of reorganization and other allowances which may be approved or made by the court.
B. In addition to the matters required by subsection A of this section, a plan of reorganization may contain other appropriate provisions not inconsistent with the provisions of this act including, by way of description and not by way of limitation,
(1) provision for the termination of any executory contract, including a lease of real property;
(2) provision for the settlement or adjustment of obligations owing to the bank and for the disposition of such obligations which are not settled or adjusted in the plan;
(3) provision for one or more classes of preferred stock, to be issued for cash, or in whole or in part satisfaction of claims of depositors or other creditors, or in exchange for shares of the capital stock of the bank of any class or classes;
(4) the transfer to a trustee or trustees of any part of the bank's assets for liquidation for the benefit of one or more or all of the classes of creditors and stockholders; and
(5) the merger of the bank with another bank or other banks.
L.1948, c. 67, p. 295, s. 161.
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Last modified: October 11, 2016