Page:United States Statutes at Large Volume 53 Part 2.djvu/659

 53 STAT.] 76TH CONG., IST SESS.-CH. 393-JULY 28, 1939 "(4) 'Creditors' shall include all holders of claims, demands, and obligations of whatever character against the petitioner or its prop- erty, whether or not such claims would otherwise constitute provable claims in bankruptcy, including the holders of claims made, assumed, or guaranteed by the petitioner. "(5) 'Securities' shall include those defined in section 20a of the Interstate Commerce Act, as amended, and also certificates of deposit and all other evidences of ownership of or interest in securities. "(6) 'Commission' refers to the Interstate Commerce Commission. "(7 'Adjustment' shall include postponements or modifications of debt, interest, rent, and maturities and modifications of the securities or capital structures. "SEC. 706. No creditor shall be deemed to be 'affected' by any plan unless such plan proposes a modification of the evidence of debt or other instrument defining the rights of such creditor, or a modification of the security, if any, for the claim of such creditor. "ARTICLE III--PETTON AND POWERS OF COURT "SEC. 710. Any railroad corporation not in equity receivership or in process of reorganization under section 77 of the Bankruptcy Act at the time of filing its petition hereunder, and which has not been in equity receivership or in process of reorganization under said section 77 within ten years prior to the filing of such petition, which shall have- "(1) Prepared a plan of adjustment and secured assurances satisfactory to the Commission of the acceptance of such plan from creditors holding at least 25 per centum of the aggregate amount of all claims affected by said plan of adjustment (including all such affected claims against said corporation, its parents and subsidiaries), and "(2) Thereafter obtained an order of the Commission, (but not of a division thereof), under section 20a of the Interstate Com- merce Act authorizing the issuance or modification of securities as proposed by such plan of adjustment (other than securities held by, or to be issued to Reconstruction Finance Corporation), such order of the Commission to include also specific findings: "(a) That such corporation is not in need of financial reor- ganization of the character provided for under section 77 of this Act; "(b) That such corporation's inability to meet its debts matured or about to mature is reasonably expected to be temporary only; and "(c) That such plan of adjustment, after due consideration of the probable prospective earnings of the property in the light of its earnings experience and of such changes as may reasonably be expected,- "(i) is in the public interest and in the best interests of each class of creditors and stockholders; "(ii) is feasible, financially advisable, and not likely to be followed by the insolvency of said corporation, or by need of financial reorganization or adjustment; "(iii) does not provide for fixed charges (of whatsoever nature including fixed charges on debt, amortization of discount on debt, and rent for leased roads) in an amount in excess of what will be adequately covered by the probable earnings available for the payment thereof; "(iv) leaves adequate means for such future financing as may be requisite; 1135 "Creditors. " "Securities." " Commission." "A djustment. " Creditor's claim un- affected; exception. Petitioners not in equity receivership, etc. 47 Stat. 1474. 11U.S.C.§205; Supp. I, § 205. Procedure. Preparation and ac- ceptance of plan of adjustment. Order of Commis- sion. 41 Stat. 494. 49U.S.C.§20a. Spelcifl findings to he includled.

�