59-22-307 - Participating manufacturer.
59-22-307. Participating manufacturer.
(1) "Participating Manufacturer," which is referenced in Subsection 59-22-203(1), isdefined in the Master Settlement Agreement as follows:
""Participating Manufacturer" means a Tobacco Product Manufacturer that is or becomesa signatory to this Agreement, provided that (1) in the case of a Tobacco Product Manufacturerthat is not an Original Participating Manufacturer, such Tobacco Product Manufacturer is boundby this Agreement and the Consent Decree, or, in any Settling State that does not permitamendment of the Consent Decree, a Consent Decree containing terms identical to those set forthin the Consent Decree, in all Settling States in which this Agreement and the Consent Decreebinds Original Participating Manufacturers, provided, however, that such Tobacco ProductManufacturer need only become bound by the Consent Decree in those Settling State in whichthe Settling State has filed a Released Claim against it, and (2) in the case of a Tobacco ProductManufacturer that signs this Agreement after the MSA Execution Date, such Tobacco ProductManufacturer, within a reasonable period of time after signing this Agreement, makes anypayments, including interest thereon at the Prime Rate, that it would have been obligated to makein the intervening period had it been a signatory as of the MSA Execution Date. "ParticipatingManufacturer" shall also include the successor of a Participating Manufacturer. Except asexpressly provided in this Agreement, once an entity becomes a Participating Manufacturer suchentity shall permanently retain the status of Participating Manufacturer. Each ParticipatingManufacturer shall regularly report its shipments of Cigarettes in or to the 50 United States, theDistrict of Columbia and Puerto Rico to Management Science Associates, Inc., or a successorentity as set forth in Subsection (mm). Solely for purposes of calculations pursuant to SubsectionIX(d), a Tobacco Product Manufacturer that is not a signatory to this Agreement shall be deemedto be a "Participating Manufacturer" if the Original Participating Manufacturers unanimouslyconsent in writing."
(2) Subsection IX(d) relates to Nonparticipating Manufacturer Adjustments.
Amended by Chapter 306, 2007 General Session