In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: interests inferior to the unsecured creditors [and, t]hus there should be little difficulty with the absolute priority rule____”). Sweetwater does not dispute that general proposition, but argues that the insider claims in this case should be subordinated to it, and not receive or retain any property since Sweetwater’s claim is not being paid in full. The Court disagrees. Several courts have expressed the opinion that the claim of an insider or equity holder may not be treated unequally unless the insider or equity holder used superior knowledge concerning the debtor’s affairs in an unfair manner or equitable subordination principles otherwise apply. See e.g., In re ARN LTD. Ltd. P’ship, 140 B.R. 5, 13 (Bankr.D.D.C.1992), citing In re Ho-lywell Corp., 913 F.2d 873, 880 (11th Cir.1990) (<HOLDING>); Heritage Org., 375 B.R. at 301 (agreeing that 
 Holding statements: (A) holding that the mere fact that relevant evidence is shocking to the sensibilities does not make the admission of that evidence a violation of due process (B) holding that the mere fact that a claim is held by an equity security holder does not justify its subordination and insider claims may be equitably subordinated only based on evidence of unfair conduct (C) holding that direct evidence of a fact is not necessary and that circumstantial evidence is not only sufficient but may also be more certain satisfying and persuasive (D) holding that an employer in an employment discrimination case may not justify its conduct based on evidence that did not motivate it at the time of the employment decision (E) recognizing that mere passage of time does not make evidence irrelevant as it will also depend on the nature of the evidence and its relation to what is to be proven
[EX A]: (B)

[EX Q]: the reasons for the plaintiffs failure to obtain the action or for not making the effort. Addressing the identical federal rule, the Supreme Court has stated that “[o]n its face, Rule 23.1 speaks only to the adequacy of the shareholder representatives pleadings.” Kamen, supra, 500 U.S. at 96, 111 S.Ct. 1711. The rule itself does not create a demand requirement. Id. “[T]he function of the demand doctrine in delimiting the respective powers of the individual shareholder and of the directors to control corporate litigation clearly is a matter of ‘substance, not procedure.’ ” Id. at 96-97, 111 S.Ct. 1711 (quoting Daily Income Fund, supra, 464 U.S. at 543-44 & n. 2, 104 S.Ct. 831 (1984) (Stevens, J., concurring in judgment) (other citations omitted)); see also Bazata, supra, 400 A.2d at 316 (<HOLDING>). Thus, the demand requirement or its futility 
 Holding statements: (A) holding that an antitrust injury is a necessary element of a  2 claim (B) holding that for purposes of super ct civ r 41b demand is not jurisdictional but an element of the shareholders claim (C) holding that reasonable reliance is not an element of the defense (D) holding that a motion to dismiss is not a responsive pleading for purposes of super ct civ r 15a which permits a party to amend once as a matter of course before a responsive pleading is served (E) holding the connection is an element
[EX A]: (B)

[EX Q]: F.2d 448, 451 (1st Cir.1975). Anderson’s condition at the time of the statement was described as excited, nervous and scared, and he appeared as if “he did not know what to do.” Moreover, his statement directly related to an exciting event, the shooting. Thus, based on the evidence and circumstances known at the time of its ruling, the trial court could have reasonably concluded that the exciting event witnessed by Anderson was the shooting itself. Accordingly, to the extent the trial court based its ruling on the fact that Anderson personally perceived the shooting, we find no abuse of discretion. We further note that the startling occurrence that triggers the excited utterance need not necessarily be the crime itself. See Salazar v. State, 38 S.W.3d 141, 154-55 (Tex.Crim.App.2001) (<HOLDING>); Couchman v. State, 3 S.W.3d 155, 159 
 Holding statements: (A) holding trial court could have found startling event or condition was declarants sustaining an injury or the pain she later experienced (B) holding that a logical nexus between the injury sued upon and an unre lated prior condition satisfied the rondinelli test requiring only the possibility that the plaintiffs claimed damages in whole or in part resulted from a condition or event unrelated to the defendants negligence (C) holding that a lower court properly admitted a fouryear olds hearsay statement although she made it 1215 hours after the startling event (D) holding that statement must be product of a startling event (E) holding a condition precedent is an act or event that must be performed or occur after the contract has been formed before the contract becomes effective
[EX A]:
(A)