Indiana Code 7.1-3-25-7. Determination of fair market value of wholesaler’s distribution rights
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Sec. 7. A successor‘s designee shall negotiate with the existing wholesaler to determine the fair market value of the existing wholesaler’s right:
(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).
(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
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
As added by P.L.224-2005, SEC.19.