(1) the plan is feasible and fair to all classes of trustors, creditors and stockholders;

(2) the face amount of the interest accorded to any trustors, creditors or stockholders under the Plan does not exceed the value of the assets upon liquidation, less that full amount of the claims of all prior classes, subject, however, to any fair adjustment for new capital that any class will pay in under the Plan;

(3) the Plan provides for the issuance of common stock in an amount that will provide an adequate ratio to all assets held in trust by the Trust Company;

(4) the Plan assures the removal of any director, officer or employee responsible for any unsound or unlawful action or the existence of an unsound condition; and

(5) any merger or consolidation provided by the Plan conforms to the requirements of this Act.

COL4122017
11 Guam Code Ann. FINANCE & TAXATION
CH. 160 GUAM-BASED TRUST COMPANIES ACT

(b) Whenever in the course or reorganization supervening conditions render the Plan unfair, or its execution impractical, the Commissioner may modify the Plan or liquidate the institution. Any such action shall be taken by order of the U.S. District Court of Guam upon appropriate notice.