(b) A plan of reorganization may not be prescribed under this chapter unless, in the opinion of the department,
- (1) the plan is fair to all classes of depositors, creditors, and shareholders;
- (2) subject to a fair adjustment for new capital that a class will pay under the plan, the face amount of the interest accorded to a class of depositors, creditors, or shareholders under the plan does not exceed the value of the assets at liquidation less the full amount of the claims of all prior classes;
- (3) the plan provides for the issuance of common stock in an amount that will provide an adequate ratio to deposits;
(4) any exchange of new common stock for obligations or stock of the bank will be made
- (A) in the inverse order of the priorities in liquidation of the classes that will retain an interest in the bank; and
- (B) upon terms that adjust in a fair manner any change in the relative interest of the respective classes that will be produced by the exchange;
- (5) the plan assures the removal of a director, officer, or employee responsible for a problem identified by the department under AS 06.05.468(a) — (b), including an unsafe, unsound, or unlawful action or the existence of an unsafe or unsound condition;
- (6) any merger or consolidation provided by the plan complies with this chapter.