Scheme and there will be no change in the capital structure of the Appellant
Company.
4. It is argued the Impugned Order proceeds to direct ... Transferee
Company, there will be no change in the capital structure of the
Transferee Company. Accordingly, the shareholding and other
rights of the members
Developer or its
Affiliates.
(n) Clause 1A.3 Capital Structure
The capital structure of the SPV pursuant to the issuance
of Investor Debentures and Developer ... provided the entire gamut of payment by SPV, Capital
structure, application and distribution of revenues from the project
including the multiple conditions and as appearing
Developer or its
Affiliates.
(n) Clause 1A.3 Capital Structure
The capital structure of the SPV pursuant to the issuance
of Investor Debentures and Developer ... provided the entire gamut of payment by SPV, Capital
structure, application and distribution of revenues from the project
including the multiple conditions and as appearing
concession as sought by the Appellant and supplanting of the
capital structure by the Adjudicating Authority as per its own wisdom
without any prior notice ... materially erred in supplanting its own commercial wisdom in fixing the
capital structure of the company, when no objections in respect of the
proposed capital
concession as sought by the Appellant and supplanting of the
capital structure by the Adjudicating Authority as per its own wisdom
without any prior notice ... materially erred in supplanting its own commercial wisdom in fixing the
capital structure of the company, when no objections in respect of the
proposed capital
strategy; acquisition or
disposal of assets, undertaking or business; modification of capital
structure or leverage; infusion of additional resources in cash or kind
over time ... brings the life of a
corporate to an end. It destroys organisational capital and renders
resources idle till reallocation to alternate uses. Further
interest over the
assets of the corporate debtor;
(c) change the capital structure of the
corporate debtor, including by way of issuance of
additional securities
received from sale will be split into
share capital and liabilities, based on a capital
structure that the acquirer decides. There will be an
issuance
received from sale will be split into share capital and
liabilities, based on a capital structure that the acquirer
decides. There will be an issuance
strategy; acquisition or
disposal of assets, undertaking or business; modification of capital
structure or leverage; infusion of additional resources in cash or kind
over time ... brings the life of a
corporate to an end. It destroys organisational capital and renders
resources idle till reallocation to alternate uses. Further