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2784

FEDERAL REGISTER, Thursday, August 8, 1940

included in plant and property accounts, office in the City of Washington, D. C., of said Act th at the issue and sale of from earnings and from any excess of on the 5th day of August, A. D. 1940.
such securities are solely for the pur the aggregate of the common capital, pose of financing the business of the The Commission having on August 5, premium, capital surplus and earned sur Ohio Public Service Company and have plus accounts over the amount thereof 1940, entered an order directing th at the been expressly authorized by the Public hearing herein be reconvened on August at the beginning of said period, Utilities Commission of Ohio and being 2 the amount by which the earned 8, 1940; and satisfied that the date of granting such All of the parties hereto having orally surplus account after restoring thereto application should be advanced;
any part of the earned surplus at March requested that a later date be fixed there It is hereby ordered pursuant to said 31, 1940 used for purposes other than the for;
Rule U-8 and the applicable provisions payment of cash dividends exceeds the It is ordered, That such hearing be re of said Act and subject to the terms and amount thereof q,t the beginning of said convened at 10:00 oclock in the fore conditions prescribed in Rule U-9 th at period, and noon on August 16, 1940, instead of Au the aforesaid application be and hereby 3 any amounts under A above in gust 8, 1940.
is granted, said order to become effective excess of said fifteen per cent 15%, It is further ordered, That such hear forthwith.
By the Commission.
shall equal at least an amount accumu ing be reconvened at the Securities and lated at the rate of $300,000 for 1940, Exchange Commission Building, Wash seal F rancis P. B rassor, $350,000 for 1941 and $400,000 per annum ington, D. C.
Secretary.
thereafter until June 30, 1966:
By the Commission.
Commissioner Healy dissents for the reasons stated in his memorandum of Provided, however, That this restriction seal F rancis P . B rassor, April 1, 1940.
may be revoked or modified by the Se Secretary.
curities and Exchange Commission or a F. R. Doc. 40-3281; Filed, August 7, 1940;
successor thereof: And provided further, F. R. Doc. 40-3280; Filed, August 7, 1940;
11:20 a. m.
11:20
a.
m.
That in the event any State or Federal regulatory authority having jurisdiction in the premises shall require that the File No. 70-131
amounts to be expended or provided for I
n the M
atter op W alter H. P ollak, the purposes set forth under A above File No. 70-120
T rustee op Associated G as and E lec
shall be less than said fifteen per cent tric C ompany, D ebtor, in R eorganiza 15% then in that event said A above I n the M atter of the O hio P ublic tion U nder C hapter X of the B ank
shall be modified to th at extent and the S ervice C ompany ruptcy A ct amount required to comply with B
above shall, until June 30, 1966, be in ORDER GRANTING APPLICATION
NOTICE REGARDING FILING SUBJECT TO RULE
creased by the amount of any such re U8 AND ORDER FOR HEARING THEREON
At a regular session of the Securities duction under said fifteen per cent At a regular session of the Securities and Exchange Commission held at its 15%.
and Exchange Commission held at its 2. That when all expenses, incurred in office in the City of Washington, D. C. office in the City of Washington, D. C., connection with the issue and sale of the on the 6th day of August, A. D. 1940.
on the 6th day of August, A. D. 1940.
The above-named company having securities and the preparation and prose Notice is hereby given that a declara cution of the application concerned with filed an application pursuant to the Pub tion has been filed with this Commission the present transactions shall be actually lic Utility Holding Company Act of 1935, pursuant to the Public Utility Holding paid, the applicant shall file a detailed particularly Section 6 b thereunder, Company Act of 1935 by Walter H. Pol statement of such expenses showing the regarding the issue and sale to The Chase iak, Trustee of Associated Gas and Elec names of persons or entities to whom National Bank of the City of New York tric Company, Debtor, in Reorganization such payments were made, the amounts of promissory notes in the principal under Chapter X of the Bankruptcy Act.
of such payments, the accounts charged amount of $2,000,000 bearing interest at Such proposes to issue, not and a detailed description of the services the rate of 2%% per annum, maturing exceedingTrustee $200,000 in aggregate amount, rendered for which such payments were serially over a period of seven 7 years Trustees certificates subject to the au made.
thorization of this Commission and of 3. Jurisdiction is reserved as to all legal from date thereof, the maturities being the United States District Court for the graduated so that all of the payments fees.
which will include both interest and Southern District of New York. The will apply to the Court for auBy the Commission.
principal will be in substantially the same Trustee thority, from time to time, within two seal F rancis P. B rassor, amount; and years from the date of the order author Secretary.
Said application having been filed on izing such borrowing, to borrow sums F. R. Doc. 40-3279; Filed, August 7, 1940; July 20, 1940 and notice of said filing no to exceed in the aggregate $200,000, 11:20 a. m.
having been duly given in the form and for the purpose of paying current and manner prescribed by Rule U-8 promul future administration expenses, and to gated pursuant to said Act, and the Com issue therefor Trustees certificates of mission not having received a request indebtedness which certificates of in File No. 56-78
for a hearing with respect to said appli indebtedness shall I n the M atter op Charles T rue Adams, cation within the period specified within rank on a parity with the expenses of T rustee op the E state op U tilities said notice, or otherwise, and not having administering the estate of the Debtor;
P ower & L ight C orporation, D ebtor; ordered a hearing thereon; and bear interest at a rate not to exceed 4%
and F rank J . L ew is per annum;
The above-named party having re at a date not to exceed two years ORDER RECONVENING HEARING UNDER PUBLIC
quested th at said application, as filed mature from the date of issuance of any such UTILITY HOLDING COMPANY ACT OP 1935---or as amended, be granted on or before certificates, with the right in the Trustee SECTION 10 A 1 AND RULE U -1 2 D -1
August 2, 1940; and to redeem all such certificates in whole At a regular session of the Securities The Commission finding with respect or in part, at any time before the ma and Exchange Commission held a t its to said application under Section 6 b turity date;