Arizona Laws 6-488. Hearing; fairness of plan
A. At the time and place fixed for the hearing, or at the time and place to which the hearing may be continued by the court, the court shall hear the parties interested therein and, if it deems it necessary, may take testimony relative thereto and may accept proof in affidavit form as to any fact or circumstance material thereto. The hearing shall be conducted, among other things, on the fairness of the terms and conditions of the issuance of all securities to be issued pursuant to the plan and of the exchange thereof for outstanding shares of guaranty capital, accounts, claims or property interests, or partly in the exchange and partly for cash. All persons to whom it is proposed to issue securities in the exchange shall have the right to appear and be heard at the hearing.
Terms Used In Arizona Laws 6-488
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Deputy director: means the deputy director of the financial institutions division of the department. See Arizona Laws 6-101
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Property: includes both real and personal property. See Arizona Laws 1-215
- securities: as used in this article in respect to any plan, includes not only shares of guaranty capital and evidences of accounts issuable by an association under the laws of this state, but also shares of stock of one or more classes issuable by corporations generally, and bonds, notes, debentures, evidences of indebtedness, certificates of interest or participation and collateral trust certificates. See Arizona Laws 6-493
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
B. The deputy director or the court shall not approve a plan unless the deputy director or the court is satisfied that the plan is feasible, fair and equitable and does not discriminate in favor of any class of holders of accounts or of shares of guaranty capital, creditors or other persons affected thereby.