7.1-3-25-4.5. Transfer of Products Meeting Sales Percentage Threshold Prohibited
Sec. 4.5. (a) Except as provided in subsection (b), a successor, upon acquiring products, shall: (1) reappoint the existing wholesaler for: (A) all acquired products; and (B) the territories covered by the existing wholesaler for the products; or (2) comply with this chapter to transfer the products to another wholesaler. (b) If the products acquired […]
7.1-3-25-5. Successor Requirements
Sec. 5. A successor: (1) who acquires the rights to manufacture or distribute an existing product; and (2) who: (A) does not reappoint the existing wholesaler to distribute the product; (B) reduces the existing wholesaler’s territory for the product; or (C) offers to compensate the existing wholesaler in an amount less than the fair market […]
7.1-3-25-6. Notice to Wholesaler of Change in Territory
Sec. 6. The successor shall notify the existing wholesaler of the successor’s intent not to appoint the existing wholesaler for all or a part of the existing wholesaler’s territory for the product not later than sixty (60) days after the closing of the transaction in which the successor acquires the product. The successor shall mail […]
7.1-3-25-7. Determination of Fair Market Value of Wholesaler’s Distribution Rights
Sec. 7. A successor’s designee shall negotiate with the existing wholesaler to determine the fair market value of the existing wholesaler’s right: (1) to distribute the product in the existing wholesaler’s territory immediately before the successor acquired rights to the product under section 5 of this chapter; and (2) as determined in an arms length […]
7.1-3-25-8. Territory Continues Until Compensation Received
Sec. 8. The existing wholesaler shall continue to distribute the product until payment of the compensation agreed to under section 7 of this chapter or awarded under section 11 of this chapter is received. As added by P.L.224-2005, SEC.19.
7.1-3-25-9. Arbitration
Sec. 9. (a) The successor’s designee and the existing wholesaler shall negotiate in good faith. If the parties fail to reach an agreement not later than thirty (30) days after the existing wholesaler receives the notice under section 6 of this chapter, the successor’s designee or the existing wholesaler may send a written notice to […]