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

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Terms Used In Indiana Code 7.1-3-25-7

  • 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
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • 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
(2) as determined in an arms length transaction entered into without duress or threat of termination of the initial wholesaler’s right described in subdivision (1).

As added by P.L.224-2005, SEC.19.