New Hampshire Revised Statutes 180:4 – Notice of Intent to Terminate
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Prior to any termination procedure initiated by the beverage manufacturer, brew pub, or beverage vendor, a wholesale distributor shall be informed in writing of any claimed deficiency existing in the sales territory and shall be given reasonable time to make requested corrections. After this reasonable time has elapsed, a beverage manufacturer, brew pub, or beverage vendor shall provide a wholesale distributor at least 90 days’ prior written notice of any intent to amend, terminate, cancel, or not renew any agreement. The notice shall state all the reasons for the intended amendment, termination, cancellation, or nonrenewal. This section shall not apply if the reason for the amendment, termination, cancellation, or nonrenewal is:
I. The bankruptcy or insolvency of the wholesale distributor.
II. An assignment for the benefit of creditors or similar disposition of the assets of the business.
III. Revocation of the wholesale distributor’s license, or suspension of the wholesale distributor’s license when such suspension has an adverse impact upon the wholesale distributor’s ability to sell beverages.
IV. Conviction or a plea of guilty or no contest to a charge of violating a law relating to the business that materially affects the wholesale distributor’s ability to remain in business.
V. Willful breach of any material provision of a written agreement between a beverage manufacturer, brew pub, or beverage vendor and a wholesale distributor.
VI. Any attempted transfer of business assets of the wholesale distributor, voting stock of the wholesaler, voting stock of any parent corporation of the wholesale distributor, any change in the beneficial ownership or control of any entity other than a parent corporation owning or controlling voting stock of the wholesale distributor, or any attempted or actual transfer or assignment of the beneficial interest of membership in a limited liability company, when the wholesale distributor has failed to give reasonable prior written notice to the beverage manufacturer, brew pub, or beverage vendor of the proposed transfer.
VII. The wholesale distributor’s failure to pay any account when due, upon demand for such payment in accordance with agreed payment terms.
VIII. Fraudulent conduct of the wholesale distributor in its dealings with the beverage manufacturer, brew pub, or beverage vendor or the products of the beverage manufacturer, brew pub, or beverage vendor.
I. The bankruptcy or insolvency of the wholesale distributor.
Terms Used In New Hampshire Revised Statutes 180:4
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Beverage vendor: means an individual, partnership, limited liability company, or corporation, including any subsidiaries thereof, which sells beverages or specialty beverages to wholesale distributors. See New Hampshire Revised Statutes 175:1
- Brew pub: means a manufacturer of beer, specialty beer, or cider not exceeding 2,500 barrels annually, which as a functional part of its business, maintains a full service restaurant serving the beer it manufactures as well as other beverage and liquor as allowed by N. See New Hampshire Revised Statutes 175:1
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means a corporation organized and incorporated under the laws of this state or authorized to transact business within this state. See New Hampshire Revised Statutes 175:1
- License: means the authority granted by the commission to engage in the sale of liquor, wine, beverages, tobacco products, or e-cigarettes otherwise unlawful unless evidenced by such document. See New Hampshire Revised Statutes 175:1
- Limited liability company: means a limited liability company organized under the laws of this state or authorized to transact business within the state. See New Hampshire Revised Statutes 175:1
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Wholesale distributor: means a person licensed by the commission to engage in the purchase of beverages only from the holders of wholesale distributor licenses, beverage manufacturer licenses, beverage vendor licenses, brew pub licenses, or nano brewery licenses. See New Hampshire Revised Statutes 175:1
II. An assignment for the benefit of creditors or similar disposition of the assets of the business.
III. Revocation of the wholesale distributor’s license, or suspension of the wholesale distributor’s license when such suspension has an adverse impact upon the wholesale distributor’s ability to sell beverages.
IV. Conviction or a plea of guilty or no contest to a charge of violating a law relating to the business that materially affects the wholesale distributor’s ability to remain in business.
V. Willful breach of any material provision of a written agreement between a beverage manufacturer, brew pub, or beverage vendor and a wholesale distributor.
VI. Any attempted transfer of business assets of the wholesale distributor, voting stock of the wholesaler, voting stock of any parent corporation of the wholesale distributor, any change in the beneficial ownership or control of any entity other than a parent corporation owning or controlling voting stock of the wholesale distributor, or any attempted or actual transfer or assignment of the beneficial interest of membership in a limited liability company, when the wholesale distributor has failed to give reasonable prior written notice to the beverage manufacturer, brew pub, or beverage vendor of the proposed transfer.
VII. The wholesale distributor’s failure to pay any account when due, upon demand for such payment in accordance with agreed payment terms.
VIII. Fraudulent conduct of the wholesale distributor in its dealings with the beverage manufacturer, brew pub, or beverage vendor or the products of the beverage manufacturer, brew pub, or beverage vendor.