Sec. 4.5. (a) Except as provided in subsection (b), a successor, upon acquiring products, shall:
(1) reappoint the existing wholesaler for:
(A) all acquired products; and
(B) the territories covered by the existing wholesaler for the products; or
(2) comply with this chapter to transfer the products to another wholesaler.
(b) If the products acquired by a successor represent at least fifteen percent (15%) of an existing wholesaler's dollar sales in the twelve (12) months preceding the closing of the transaction in which the successor acquires the products, the successor:
(1) shall reappoint the existing wholesaler for:
(A) all acquired products; and
(B) the territories covered by the existing wholesaler for the products; and
(2) may not transfer the product to another wholesaler.
As added by P.L.11-2009, SEC.1.
Structure Indiana Code
Title 7.1. Alcohol and Tobacco
Chapter 25. Product Transfer Between Wholesalers
7.1-3-25-1. "Existing Wholesaler"
7.1-3-25-4. "Successor's Designee"
7.1-3-25-4.5. Transfer of Products Meeting Sales Percentage Threshold Prohibited
7.1-3-25-5. Successor Requirements
7.1-3-25-6. Notice to Wholesaler of Change in Territory
7.1-3-25-7. Determination of Fair Market Value of Wholesaler's Distribution Rights
7.1-3-25-8. Territory Continues Until Compensation Received
7.1-3-25-10. Location of Arbitration Proceedings; General Provisions
7.1-3-25-11. Monetary Award Only
7.1-3-25-12. Arbitration Costs; Decision of Arbitrator Binding
7.1-3-25-13. Failure to Receive Compensation
7.1-3-25-14. Good Faith Settlements Not Prohibited
7.1-3-25-15. Not Applicable to Wholesaler's Breach of Distribution Agreement