Terms Used In New York Laws > Public Health > Article 13-G - Tobacco Escrow Funds

• Affiliate: means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See N.Y. Public Health Law 1399-OO
• Allocable share: means allocable share as that term is defined in the master settlement agreement. See N.Y. Public Health Law 1399-OO
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• cigarette: includes "roll-your-own" (i. See N.Y. Public Health Law 1399-OO
• 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.
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Master settlement agreement: means the settlement agreement (and related documents) entered into on November twenty-third, nineteen hundred ninety-eight by the state and leading United States tobacco product manufacturers. See N.Y. Public Health Law 1399-OO
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See N.Y. Public Health Law 1399-OO
• Released claims: means released claims as that term is defined in the master settlement agreement. See N.Y. Public Health Law 1399-OO
• Releasing parties: means releasing parties as that term is defined in the master settlement agreement. See N.Y. Public Health Law 1399-OO
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Tobacco product manufacturer: means an entity that after the effective date of this article directly (and not exclusively through any affiliate):
  
  (a) manufacturers cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the master settlement agreement) that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);
  
  (b) is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or
  
  (c) becomes a successor of an entity described in paragraph (a) or (b) of this subdivision. See N.Y. Public Health Law 1399-OO
• Units sold: means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs bearing the excise tax stamp of the state, or on "roll-your-own" tobacco containers. See N.Y. Public Health Law 1399-OO