Market Value; Prime Rate; Adjustment

  1. Law
  2. Georgia Code
  3. Torts
  4. Asbestos Claims
  5. Market Value; Prime Rate; Adjustment

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  1. Except as provided in subsections (b), (c), and (d) of this Code section, the fair market value of total gross assets at the time of a merger or consolidation shall increase annually at a rate equal to the sum of:
    1. The prime rate as published by the Board of Governors of the Federal Reserve System, as published in statistical release H.15 or any publication that may supersede it, for each calendar year since the merger or consolidation; and
    2. One percent.
  2. The rate provided in subsection (a) of this Code section shall not be compounded.
  3. The adjustment of fair market value of total gross assets shall continue as provided under subsection (a) of this Code section until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos related liabilities paid or committed to be paid by or on behalf of the corporation or a predecessor, or by or on behalf of a transferor, after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
  4. No adjustment of the fair market value of total gross assets shall be applied to any liability insurance otherwise included in the definition of total gross assets by subsection (c) of Code Section 51-15-5.

(Code 1981, §51-15-6, enacted by Ga. L. 2007, p. 4, § 2/SB 182.)


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