1 See discussion in prior report for detailed explanation of the method used in computing 3 The adjusted earnings of the Passaic and New York division total $857.79. This of $583.33 representing charges on the Passaic and New York bonds has been excluded 4 The adjusted earnings of the Hackensack and Lodi division is a deficit of $594.19. and $432.84 for taxes levied, or an average of $94 for each 2 months' period. The reasons The reason for the $583.33 difference between this figure and the system adjusted 7 Giving effect to transfer to refunding part of $122,416 allocated to Terminal and Midland part in excess of requirements of Midland bonds. Taken in connection with conveyance of $55,634 of noncarrier assets. Based upon the amount of unsecured claims as shown at the time of the submission of the plan, and subject to adjustment on the basis of the final determination of the amount of the unsecured claims. 10 Exclusive of equipment obligations of $452,844. 11 Percentage reflects allocation as to pledged second-mortgage bonds in preceding 11 Percentage reflects allocation as to pledged second-mortgage bonds in preceding column. D-denotes deficit. APPENDIX B Present capital structure, distribution of new securities, summary of plan (including annual charges) and distribution of new securities per $1,000 Midland first 5's due Apr. 1, 1940. First and refunding 5's due Jan. 1, 1937. Second 414's due Feb. 1, 1937... General 5's due Aug. 1, 1940.. Paterson Extension first 5's due Unsecured claims. Preferred stock. Common stock. This percentage relates to the entire allotment from the three sources shown below. Allotted with respect to the mortgage lien on the properties. Of this, approximately 0.0389 represents participation in the unmortgaged assets Allotted as share in unmortgaged assets for unsatisfied amount of principal of claim In addition, these bondholders receive the beneficial interest in noncarrier property appraised at $55,634, which value added to the common stock produces 109.16 percent of claim. Based upon the amount of unsecured claims as shown at the time of the submission of the plan, and subject to adjustment on the basis of the final determination of the amount of the unsecured claims. 1 The basic amount of the fund is $130,000 through May 1, 1950, and $85,000 thereafter, made up of funds esulting from charges for depreciation of roadway and structures and the remainder from available net income. The $62,000 represents the portion payable out of available net income through May 1, 1950 on the assumption that funds resulting from the depreciated charges will be approximately $68,000 a year. APPENDIX C Supplemental order entered at a general session of the Interstate Commerce Commission, held at its office in Washington, D. C., on the 5th day of March, A. D. 1945 Further investigation of the matters and things involved in this proceeding having been made upon petitions filed, and this Commission having, on the date hereof, made and filed a report containing its findings of fact and conclusions thereon, and a full statement of the reasons for the conclusions, which report, together with the prior report herein of the Commission, by division 4, approving a plan of reorganization, is hereby referred to and made a part hereof: It is ordered, That the report and order of July 19, 1944, of this Commission, by division 4, approving a plan of reorganization for the New York, Susquehanna and Western Railroad Company, debtor, be, and they are hereby, modified so as to approve the following plan of reorganization: I. EFFECTIVE DATE The effective date of the plan shall be January 1, 1944. The effective date shall determine the extent to which the claims of present creditors shall be capitalized in new securities, but the plan shall not affect creditor's claims until the new securities are actually issued (or existing securities are actually extended) by the reorganized company under the plan, and the carrying out of the plan, even though after January 1, 1944, shall not require any retroactive change in the operations of the trustee of the debtor, or in his accounts, or in the reports made to the Interstate Commerce Commission, hereinafter referred to as the Commission, or in any other reports or returns for the period prior to the date when such new securities are issued or existing securities are extended. Subject to the approval of the court, the reorganization managers may cause any issue of new securities to be dated, or the existing Terminal bonds to be extended, as of another date than January 1, 1944, but only if the creditors who receive such issue of new securities, or whose existing Terminal bonds are extended, shall receive through payments in respect of the old securities or otherwise the same |