Sec. 12. (a) Except as provided in subsections (b) through (d), the sum determined as the fair market value of the total gross assets of a transferor corporation as of the time of a merger or consolidation for purposes of determining the limit on the cumulative successor asbestos related liabilities of an innocent successor corporation under this chapter shall be adjusted annually at a rate equal to the sum of the following:

(1) The prime rate listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation. If the prime rate is not published in the first edition of the Wall Street Journal, then a reasonable determination of the prime rate on the first day of the year may be used.

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Terms Used In Indiana Code 34-31-8-12

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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 for profit, including a domestic corporation organized under Indiana law or a foreign corporation organized under the law of a jurisdiction other than Indiana. See Indiana Code 34-31-8-2
  • 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.
  • innocent successor corporation: means a corporation that:

    Indiana Code 34-31-8-3

  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • transferor corporation: means a corporation from which a successor asbestos related liability was assumed or incurred. See Indiana Code 34-31-8-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) One percent (1%).

     (b) The rate described in subsection (a) may not be compounded.

     (c) The adjustment of the fair market value of the total gross assets of the transferor corporation as of the time of the merger or consolidation shall continue as described in subsection (a) until the date as of which the adjusted value is first exceeded by the cumulative amounts of successor asbestos related liabilities paid or committed to be paid by or on behalf of:

(1) the innocent successor corporation;

(2) any predecessor corporation; and

(3) the transferor corporation;

after the time of the merger or consolidation.

     (d) No adjustment of the fair market value of total gross assets of a transferor corporation under this section shall be applied to any liability insurance.

As added by P.L.134-2009, SEC.6.

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