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The 1993 government assault on the Branch Davidian compound near Waco, Texas, resulted in the deaths of four federal agents and eighty Branch Davidians, including seventeen children. Whether these tragic deaths could have been avoided is still debatable, but what seems clear is that the events in Texas have broad implications for religious freedom in America. James Tabor and Eugene Gallagher's bold examination of the Waco story offers the first balanced account of the siege. They try to understand what really happened in Waco: What brought the Branch Davidians to Mount Carmel? Why did the government attack? How did the media affect events? The authors address the accusations of illegal weapons possession, strange sexual practices, and child abuse that were made against David Koresh and his followers. Without attempting to excuse such actions, they point out that the public has not heard the complete story and that many media reports were distorted. The authors have carefully studied the Davidian movement, analyzing the theology and biblical interpretation that were so central to the group's functioning. They also consider how two decades of intense activity against so-called cults have influenced public perceptions of unorthodox religions. In exploring our fear of unconventional religious groups and how such fear curtails our ability to tolerate religious differences, Why Waco? is an unsettling wake-up call. Using the events at Mount Carmel as a cautionary tale, the authors challenge all Americans, including government officials and media representatives, to closely examine our national commitment to religious freedom.
A solvency opinion provides assurance to a company's Board of Directors and/or the lenders that the transaction will not likely subject the Company and its unsecured and other creditors to undue financial distress. Houlihan will undertake a solvency opinion engagement for companies involved in highly leveraged transactions. Examples include leveraged buyouts, leveraged recapitalizations, leveraged dividends or other such situations where there may be minimal equity involved. Houlihan has also completed solvency opinions for spin-off transactions in conjunction with capital restructuring and significant debt refinancing.The Federal Bankruptcy Code defines "insolvent" as the condition in which the total of a person's debts exceeds the value of its property at a fair valuation. Recent case law suggests that the fair valuation of property is its value on a going-concern basis. A solvency letter expresses an independent expert opinion on a borrower's ability to remain solvent under the burden of additional liability, to pay debts as they mature, and to continue operations as a going-concern in dynamic economic conditions.In connection with a leveraged recapitalization, interested parties such as new secured lenders and sellers will often, due to fraudulent conveyance concerns, seek an independent determination and opinion as to the impact of the acquisition debt on working capital, cash flow, and equity value. Houlihan is highly familiar with the Tests of Capitalization and Solvency and is able to efficiently and cost-effectively provide analysis that provides a layer of comfort to interested parties.
This work deals with the liability of the holding company for the debts of its insolvent subsidiaries. In analyzing the current position under English law, the work challenges as outmoded and inadequate the virtual dogma that a holding company is not answerable for the debts of its insolvent subsidiaries. The study identifies four separate and distinct types of behavioural practices within corporate groups which may prejudice the interests of external creditors or otherwise constitute an abuse of the corporate form; the subservient subsidiary situation; the inadequately financed subsidiary situation; the integrated economic enterprise situation; and the group persona situation. After weighing the various arguments for and against a change in the law and concluding that reform is called for, the study proceeds to submit some radical proposals for reform. The basic thrust of the reform proposals is that in a number of well-defined situations entity law should give way to an enterprise analysis and holding company liability should be imposed for the debts of insolvent subsidiaries.