Application For Approval Of Recapitalization Plan Or Exceptional Securities

Application For Approval Of Recapitalization Plan Or Exceptional Securities Repurchases. An application for approval of a plan of recapitalization subject to Rule 8.14 or an exceptional repurchase of securities subject to Rule 8.15 must contain full disclosure of all material facts relating thereto, and include to the extent applicable: (a) The terms and provisions of the contemplated transaction; (b) A statement of any contemplated management and operating changes to be effected after completion of the contemplated transaction. (c) An analysis showing on a pro forma basis the effect of the transaction on the financial statements of the publicly traded corporation that is an affiliated company. (d) A general description of the source of funds for the purchase and any financing arrangements. (e) Copies or descriptions of all material documents and correspondence filed with the United States Securities and Exchange Commission in connection with the contemplated transaction, if any, or, if the transaction is not subject to the Federal Securities Act, copies or descriptions of all material documents and correspondence filed with any other governmental entity charged with securities regulation. (f) Any other documents, papers, reports, or other information deemed relevant by the Executive Director. (Adopted: 09/25/1991.)