A manufacturer of tobacco products that deposits money into escrow pursuant to subsection 2 of NRS 370A.140 shall receive the interest or other appreciation on the deposit as earned. The principal of the deposit may be released from escrow only under the following circumstances:
1. To pay a judgment or settlement on a released claim brought against that manufacturer by this State or by a releasing party located or residing in this State. Money may be released from escrow under this subsection only in the order in which it was deposited into escrow and only to the extent and at the time necessary to make payments required under the judgment or settlement.
2. To the extent that the manufacturer establishes that the amount it was required to deposit into escrow on account of units sold in the State in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold if the manufacturer had been a participating manufacturer, the excess must be released from escrow and revert to the manufacturer.
3. In accordance with the provisions of NRS 370A.157.
4. To the extent not released from escrow under subsection 1, 2 or 3, deposits must be released from escrow and revert to the manufacturer 25 years after the date on which they were deposited.
(Added to NRS by 1999, 1108; A 2005, 379; 2013, 2666)
A manufacturer of tobacco products that deposits money into escrow pursuant to subsection 2 of NRS 370A.140 shall receive the interest or other appreciation on the deposit as earned. The principal of the deposit may be released from escrow only under the following circumstances:
1. To pay a judgment or settlement on a released claim brought against that manufacturer by this State or by a releasing party located or residing in this State. Money may be released from escrow under this subsection only in the order in which it was deposited into escrow and only to the extent and at the time necessary to make payments required under the judgment or settlement.
2. In accordance with the provisions of NRS 370A.157.
3. To the extent not released from escrow under subsection 1 or 2, deposits must be released from escrow and revert to the manufacturer 25 years after the date on which they were deposited.
(Added to NRS by 1999, 1108; A 2005, 379, 380; 2013, 2666, effective from the date a court of competent jurisdiction enters a judgment determining that former subsection 2 of this section is unconstitutional until the date such a court enters a judgment determining that the repeal of former subsection 2 of this section is unconstitutional)
A manufacturer of tobacco products that deposits money into escrow pursuant to subsection 2 of NRS 370A.140 shall receive the interest or other appreciation on the deposit as earned. The principal of the deposit may be released from escrow only under the following circumstances:
1. To pay a judgment or settlement on a released claim brought against that manufacturer by this State or by a releasing party located or residing in this State. Money may be released from escrow under this subsection only in the order in which it was deposited into escrow and only to the extent and at the time necessary to make payments required under the judgment or settlement.
2. To the extent that the manufacturer establishes that the amount it was required to deposit into escrow in a particular year was greater than this State’s allocable share of the total payments that the manufacturer would have been required to make in that year under the Master Settlement Agreement if the manufacturer had been a participating manufacturer, as such payments are determined pursuant to section IX(i)(2) of that Agreement and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the inflation adjustment, the excess must be released from escrow and revert to the manufacturer.
3. In accordance with the provisions of NRS 370A.157.
4. To the extent not released from escrow under subsection 1 or 2, deposits must be released from escrow and revert to the manufacturer 25 years after the date on which they were deposited.
(Added to NRS by 1999, 1108; A 2005, 379, 380; 2013, 2666, effective from the date a court of competent jurisdiction enters a judgment determining that the repeal of former subsection 2 of this section is unconstitutional)
Structure Nevada Revised Statutes
Chapter 370A - Manufacturers of Tobacco Products
NRS 370A.020 - "Adjusted for inflation" defined.
NRS 370A.030 - "Affiliate" defined.
NRS 370A.040 - "Allocable share" defined.
NRS 370A.050 - "Cigarette" defined.
NRS 370A.060 - "Manufacturer of tobacco products" defined.
NRS 370A.070 - "Master Settlement Agreement" defined.
NRS 370A.080 - "Participating manufacturer" defined.
NRS 370A.090 - "Qualified escrow fund" defined.
NRS 370A.095 - "Qualified tribal land" defined.
NRS 370A.100 - "Released claims" defined.
NRS 370A.110 - "Releasing parties" defined.
NRS 370A.120 - "Units sold" defined.
NRS 370A.153 - Assignment of money deposited into escrow; use of money assigned to this State.
NRS 370A.157 - Release of money deposited into escrow to Indian tribes.