(b) A plan of reorganization may not be established under this chapter unless, in the opinion of the department,
- (1) the plan is fair to all classes of depositors, other customers, 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 trust company asset interest provided to a class of depositors, other customers, 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 trust company will be made
- (A) in the inverse order of the priorities in liquidation of the classes that will retain an interest in the trust company; 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, an officer, or an employee responsible for a problem identified by the department, 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.