Sec. 4.5. (a) Except as provided in subsection (b), a successor, upon acquiring products, shall:

(1) reappoint the existing wholesaler for:

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Terms Used In Indiana Code 7.1-3-25-4.5

  • existing wholesaler: means a beer wholesaler who distributes a product at the time a successor primary source of supply acquires rights to a product under section 5 of this chapter. See Indiana Code 7.1-3-25-1
  • product: means an existing brand of:

    Indiana Code 7.1-3-25-2

  • successor: means a primary source of supply that acquires rights to a product under section 5 of this chapter. See Indiana Code 7.1-3-25-3
(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 by a successor represent at least fifteen percent (15%) of an existing wholesaler’s dollar sales in the twelve (12) months preceding the closing of the transaction in which the successor acquires the products, the successor:

(1) shall reappoint the existing wholesaler for:

(A) all acquired products; and

(B) the territories covered by the existing wholesaler for the products; and

(2) may not transfer the product to another wholesaler.

As added by P.L.11-2009, SEC.1.

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