50-1304. Limitation on liability.
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/ks/chapter-50/50-1304A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
50-1304. Limitation on liability.
(a)Except as further limited in subsection (b), the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The successor corporation shall not have responsibility for successor asbestos-related liabilities in excess of this limitation.
(b)If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in subsection
(a)for purposes of determining the limitation of liability of a successor corporation.