Railroads -- United States; Railroads -- United States -- Finance
“(3) There should be an executive committee of five to take charge
of the foreclosure proceedings, the purchase of the property, the
organization of the new company, and generally of whatever may properly
appertain to reconstruction under the plan. There should be five voting
trustees who should vote on the stock when deposited under the plan,
and to whom the power of voting on the stock in the reorganized company
should be confided for five years after reorganization. These two
committees should be composed of parties satisfactory to the syndicate
and the trustees, and shall fill their own vacancies. But in case the
syndicate and trustees cannot agree upon the five, then, and in that
case, three shall be named by the syndicate and two by the trustees,
and each class shall fill any vacancy occurring in its own number.
“(4) The compensation to be allowed to the syndicate shall be 5 per
cent on the amount of the syndicate capital.
“(5) The syndicate to be allowed interest at the rate of 6 per cent
upon any amount they may advance the company in the course of the
process of foreclosure and reorganization.
“(6) Proper provision must be made for securing to the syndicate the
refunding of the money they may advance on account of interest not
exceeding 4 per cent per annum on the general mortgage bonds during
reconstruction, and also for the substitution of the syndicate in the
place of any creditor or stockholder who may abandon his holding and
refuse to pay his assessment, it being the purpose of the syndicate to
pay 4 per cent per annum interest on the general mortgage bonds during
reconstruction, and also to pay the assessments of such parties as may
abandon their holdings or right to take the securities to which they
may be entitled under the plan.”[221]
The correspondence with Mr. Roberts referred to contained the
assurance that the Pennsylvania Company would not hold aloof from
an understanding with the Reading either in respect to the coal or
transportation business, and would, moreover, “cordially unite in the
arbitration of all differences.”[222] This could not, of course, force
distasteful terms upon the Reading bondholders, but it could and did
supply sufficient capital to ensure the success of any plan adopted,
and it infused confidence and vigor into the action of the nearly
discouraged reorganization trustees. The executive committee which they
were to name was perhaps a useful tool, but the suggestion of a voting
trust was a genuine contribution, and aided powerfully in securing
necessary backing for future schemes.
Public-domain text, read in full here on John Shaqi.
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