The Coconino sun., 1912-10-04

cific Company or paid over to the Committee shall be expended by said Company or be used by the Committee for the following pur- poses, viz:
 (a) To complete the construc- tion and equipment of the railroad of the Railroad Company, or to make advances to the Receiver or to such new railroad company as shall be organized hereafter and become the owner of said railroad for the purpose of completing the same;
 (b) To acquire. compromise or settle claims against the Railroad Company or said Receiver;
 (c) To pay any sum in cash re- quired to be paid upon the acquisi- tion of said railroad; and
 (d) To pay any sums required to be paid for expenses or otherwise in carrying out such plans. or any of the provisions of this agree ment.
 Any Receivers certificate or other claim of any kind that shall be acquired by the Santa Fe Pacific Company by expenditure of any part of said aggregate sum of $50, ,000, shall be assigned to or upon the order ot the Committee. or to such new railroad company, or shall be released.
 Upon the completion of the re- organization the Committee shall transfer and deliver, or cause to be transferred and delivered, to the Santa Fe Pacific Company, or upon its order. said Sl50,000 par value of such preferred stock and $529, ,000 par value of such common stock of the new railroad company, and the Committee shall transfer and deliver, or cause to be trans ferred and delivered. to the re- spective holders of receipts issued to depositors of the remaining S676, 900 par value of bonds of the Railroad Company, upon surrender and cancellation of such receipts, an amount of common stock of the new railroad company equal at par to the par amount of the bonds represented by such receipts re- spectively.
 If the holder of any of such re- maining $676, 900 of bonds of the Railroad Company shall fail to de- posit his bonds and to become a party hereto, the common stock of the new railroad company which would be deliverable to such holder if he had deposited his bonds and become party hereto, shall be turned over by the Committee to tte new railroad company, to be held as treasury asset.
 It is understood that the aggre- gate of the sum in cash to be ex- pended by the Santa Pacific Com pany, or paid over to the Commit tee is to be $l50, ,000, and no more. In case that more than the sum of $l50, ,000 cash should be required for the purpose of carrying out such plan and this agreement, the Committee may obtain from the Santa Pacific Company, or other wise, such additional sum as may be required by selling at par any of the remaining Sl00.000 of the authorized issue of such preferred stock, or by charging the deposited securities and the railroad and property of the new railroad com company with the payment of such additional sum, and the Committee may require the new railroad com pany to assume the payment of any such additional sum, and to give its notes therefor, payable not less than one year after the date of the completion of the reorganization, and to assume any obligation in- cured bs the Committee. All pre- ferred stock. cash and other assets received or acquired by the Con- mittee (including the deposited bonds and all claims that shall be acquired) which shall not be re- quired to perform such agreement with the Santa Fe Pacific Company and to make distribution among the Depositing Bondholders as above provided and to carry out the provisions of this plan and this agreement be turned over to the new company.
 The Committee shall make pro- vision so that the new railroad company shall not issue any mort gage bonds and shall not issue any preferred stock in excess of the amount above provided for except with the consent of the holders of two-thirds of all the common stock of the new railroad company which thon eholI ha n,,foTonI;pn