Utah Code 59-22-202. Definitions
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59-22-202. Definitions.
As used in this part:
As used in this part:
(1) | “Adjusted for inflation” means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. |
(i) | manufactures 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 Subsection 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); |
(ii) | 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 |
(iii) | becomes a successor of an entity described in Subsection (9)(a)(i) or (ii). See Utah Code 59-22-202 |
(2) | “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. Solely for purposes of this definition, the terms “owns,” “is owned” and “ownership” mean ownership of an equity interest, or the equivalent thereof, of 10% or more, and the term “person” means an individual, partnership, committee, association, corporation, or any other organization or group of persons. |
(3) | “Allocable share” means Allocable Share as that term is defined in the Master Settlement Agreement. |
(5) | “Master Settlement Agreement” means the settlement agreement (and related documents) entered into on November 23, 1998, by the State and leading United States tobacco product manufacturers. |
(6) | “Qualified escrow fund” means an escrow arrangement with a federally or State chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1,000,000,000 where such arrangement requires that such financial institution hold the escrowed funds’ principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds’ principal except as consistent with Subsection 59-22-203(2). |
(7) | “Released claims” means Released Claims as that term is defined in the Master Settlement Agreement. |
(8) | “Releasing parties” means Releasing Parties as that term is defined in the Master Settlement Agreement. |
(9) |
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(10) | “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 (or “roll-your-own” tobacco containers). The State Tax Commission shall promulgate such regulations as are necessary to ascertain the amount of State excise tax paid on the cigarettes of such tobacco product manufacturer for each year. |
Amended by Chapter 348, 2016 General Session