United States of America, Plaintiff, Against Henry S. Morgan, Harold Stanley, Et Al., Doing Business as Morgan Stanley & Co., Et Al., Defendants: Defendants' preliminary memorandum for the court. Brief on the service function of the investment banker. Defendant's brief on price agreements in security underwritings. Memorandum on the chronology of investigationsRecord Press, 1950 - 4 páginas |
Términos y frases comunes
73d Cong agency agree Agreement Among Underwriters amended amount basis bonds capital combination Commerce competition Congress corporation Debentures debt issues defendants effect entire issue financing funds illegal illegal per se initial public offering investment banker investment banker's function investors issue of securities issuer manager market prices ment banker Morgan Stanley NASD negotiated transactions negotiated underwritten non-underwritten offerings to security-holders open market operations outstanding securities particular period plaintiff's preferred stock Preliminary Memorandum Price Agreements price-fixing private placements proposed public offering prospectus provisions public offering price public sealed bidding purchase purpose pursuant registration statement regulation Representatives respect risk Section 15A Securities Act Securities Dealers Securities Exchange Act security issue selected dealers Sess Sherman Act sold stabilizing Stat SULLIVAN & CROMWELL tion trade type of security type of transaction underwrite and distribute underwriting syndicate underwritten negotiated underwritten public offering United utility various
Pasajes populares
Página 53 - In Board of Trade v. Christie Grain & Stock Co. 198 US 236, 250, 49 L.
Página 57 - ... unless and until, and then only to the extent that, upon application by the carrier, and after investigation by the Commission of the purposes and uses of the proposed issue and the proceeds thereof, or of the proposed assumption of obligation or liability in respect of the securities of any other person, natural or artificial, the Commission by order authorizes such issue or assumption.
Página 51 - But the legality of an agreement or regulation cannot be determined by so simple a test, as whether it restrains competition. Every agreement concerning trade, every regulation of trade, restrains. To bind, to restrain, is of their very essence.
Página 60 - Under the Sherman Act a combination formed for the purpose and with the effect of raising, depressing, fixing, pegging, or stabilizing the price of a commodity in interstate or foreign commerce is illegal per se.
Página 119 - Trading With the Enemy Act of October 6, 1917 (40 Stat. 411), as amended...
Página 103 - It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange...
Página 52 - The articles of any corporation may provide that at all elections of directors of such corporation, each shareholder shall be entitled to as many votes as shall equal the number of his shares multiplied by the number of directors to be elected, and...
Página 52 - A co-operative enterprise, otherwise free from objection, which carries with it no monopolistic menace, is not to be condemned as an undue restraint merely because it may effect a change in market conditions, where the change would be in mitigation of recognized evils and would not impair, but rather foster, fair competitive opportunities.
Página 208 - Securities Exchange Act of 1934, the Public Utility Holding Company Act of 1935, the Trust Indenture Act of 1939, the Investment Company Act of 1940, and the Investment Advisers Act of 1940.
Página 104 - An Act to provide full and fair disclosure of the character of securities sold in interstate and foreign commerce and through the mails, and to prevent frauds in the sale thereof, and for other purposes...