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Chapter III Company Restructuring Committee
Article 7 (Purpose)
In order to efficiently carry out the Workout and mediate any
disagreements between the Creditor Financial Institutions, the
Company Restructuring Committee (the "Committee") shall be established.
Article 8 (Organization)
8.1 The Committee shall have one
(1) Chairman and about six (6) committee members appointed
by the Administrative Committee, from among any of the following:
(1) Persons who have ten (10) years or more experience in management
of a financial institution or management in other fields relating
to the finance;
(2) Certified public accountants, lawyers, or persons who
have special expertise in company restructuring and are employed
in a credit appraisal company or a research institution relating
to financial institutions; or
(3) Experts who have three (3) years or more experience in
company restructuring.
8.2 The Chairmanship shall be a standing position and the ordinary
committee membership shall be non-standing positions.
8.3 The term of office for the Chairman and the members of the
Committee shall be one (1) year, but may be renewed.
Article 9 (Authority)
9.1 The Committee shall be authorized to do the following:
(1) Mediate disagreement over the possibility of recovery
for the Related Company that the Creditor Financial Institution
has requested;
(2) Mediate disagreements on the Workout promotion plan for
a recoverable company that the Creditor Financial Institution
has requested;
(3) Dispose of disputes involving the violation of the Committee's
mediation opinion and/or breach of items separately agreed to
among the Creditor Financial Institutions; and
(4) Construe this Agreement and suggest amendments or termination
hereof.
9.2 In the course of mediating any disagreements referred to
in Article 9.1 (2) above, when it is deemed necessary in the Committee's
discretion, to change any Workout promotion plans that the Creditor
Financial Institutions have not requested the Committee may submit
its mediation opinion as if such had been requested by Creditor
Financial Institutions.
Article 10 (Request for Mediation)
10.1 Any of the Creditor Financial Institutions may request mediation
from the Committee, if they fail to agree after three (3) negotiations
through the Board of the Creditor Financial Institutions: provided
that, such three (3) negotiations are required for mediation requests,
except those that the Committee recognizes to be unavoidable.
(amended on October 1, 1998)
10.2 Requests for mediation shall be made to the Committee by
the financial institution managing the Board of Creditor Financial
Institution. Such request shall be submitted together with the
written statement of purpose and contents and the result of the
Board's meeting at the time of the request for the mediation.
Article 11 (Mediation Procedure)
11.1 Upon the receipt of the request for mediation from the
Creditor Financial Institution, the Committee shall commence mediation
proceedings as soon as practical.
11.2 The Committee may cause a relevant officer of the Creditor
Financial Institution to be present at the Committee's meetings,
and may express any its opinions that may be necessary for the
mediation.
11.3 The Committee may cause a managing group of the Related
Company to be present at the meeting of the Committee and to express
their opinion for the self-restructuring plan and the normalization
of management, when deemed necessary.
11.4 In connection with the mediation opinion, the Committee
may ask an independent expert institution for advice when deemed
necessary, in which case the consulting fee and expenditures shall
be paid by each of the Creditor Financial Institutions according
to their respective portion of the Claim Amount against the Related
Company.
Article 12 (Notice of Mediation Opinion)
12.1 The Committee shall give a written mediation opinion to
all of the Creditor Financial Institutions and their supervisory
authorities within one (1) month of the receipt of the request
for mediation; provided that, if there are reasonable grounds,
the notice period may be extended by up to one (1) month by resolution
of the Committee.
12.2 When deemed necessary the Committee may ask the authorities
supervising the related Creditor Financial Institutions for enforcement
of the mediation.
Article 13 (Executive Office)
13.1 The Committee may establish an Executive Office.
13.2 The Executive Office shall have ten (10) or fewer executive
committee members and office clerks.
13.3 The Chairman shall appoint the executive committee members
and office clerks.
Article 13-1 (Business of Executive Office)
13-1.1 The Executive Office shall do the following:
(1) Collect and review materials, records, manage documents
and other activities necessary for the purpose of the efficient
business;
(2) Make public, train and advise for the Workout;
(3) Convene meetings of the Board of the Creditor Financial
Institution, establish the Board's agenda, and discuss the Workout
promotion plan;
(4) Examine the performance situation of the Creditor Financial
Institution's separate agreement and the Committee's mediation;
and
(5) Act other activities deemed necessary for the Workout.
13-1.2 For the purpose of the performance of the above, the Executive
Office, when deemed necessary, may ask the Creditor Financial
Institutions for their assistance, and the Creditor Financial
Institutions shall assist the Executive Office unless there are
other reasonable grounds. (amended on August 14, 1998)
Article 14 (Adoption of Resolution in Executive Office)
Resolutions of the Executive Office shall be adopted by an affirmative
vote of two-thirds or more of the committee members present at
a meeting where two-thirds or more of the total number of the
committee members are in attendance.
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