48-231-101 - Chapter definitions.

48-231-101. Chapter definitions.

As used in this chapter:

     (1)  “Dissenter” means a member who is entitled to dissent from LLC action under § 48-231-201(a) and who exercises that right when and in the manner required under this chapter;

     (2)  “Fair value” means the value of the dissenter's membership interest of an LLC immediately before the effective date of the LLC action referred to in § 48-231-201(a), excluding any appreciation or depreciation in anticipation of the LLC action;

     (3)  “Interest” means interest from the effective date of the action referred to in § 48-231-201(a) that gave rise to the member's right to dissent until the date of payment, at the average auction rate paid on United States treasury bills with a maturity of six (6) months (or the closest maturity thereto) as of the auction date for such treasury bills closest to such effective date;

     (4)  “LLC” means an LLC whose members have obtained rights to dissent under § 48-231-201(a), and includes any successor by merger;

     (5)  “Member” includes a former member when dissenters' rights exist because:

          (A)  The membership of that former member has terminated causing dissolution; and

          (B)  The dissolved LLC has then entered into a merger under § 48-244-101 or § 48-244-201.

[Acts 1994, ch. 868, § 1.]