§431:6-102  Merged, reorganizedinstitutions.  In applying the earnings test set forth in section 431:6-101to any such institution, whether or not in legal existence during the whole ofsuch five years next preceding the date of investment by the insurer, which hasat any time during the five-year period acquired substantially all of theassets of any other institution or institutions by purchase, merger,consolidation, or otherwise, or has been reorganized pursuant to the bankruptcylaw, the earnings of the predecessor or constituent institutions, or of theinstitution so reorganized, available for the interest and dividends for suchportion of the five-year period as may have preceded the acquisition, or thereorganization, may be included in the earnings of the issuing, assuming, orguaranteeing institution for such portion of such period as may be determinedin accordance with adjusted or pro forma consolidated earnings statementscovering such portion of such period and giving effect to all stock or sharesoutstanding, and all fixed charges existing, immediately after the acquisition,or the reorganization. [L 1987, c 347, pt of §2]