25-21,287 Successor corporation; limitations; fair market value of total gross assets. - Nebraska Statutes

25-21,287. Successor corporation; limitations;fair market value of total gross assets.(1) A successor corporation may establish the fair marketvalue of total gross assets for the purpose of the limitations under section 25-21,286 through any method reasonable under the circumstances, including:(a) By reference to thegoing concern value of the assets or to the purchase price attributable toor paid for the assets in an arms-length transaction; or(b) In the absence ofother readily available information from which the fair market value can bedetermined, by reference to the value of the assets recorded on a balancesheet.(2)Total gross assets include intangible assets.(3) To the extent total gross assetsinclude any liability insurance that was issued to the transferor whose assetsare being valued for purposes of this section, the applicability, terms, conditions,and limits of such insurance shall not be affected by this section, nor shallthis section otherwise affect the rights and obligations of an insurer, transferor,or successor corporation under any insurance contract or any related agreements,including, without limitation, preenactment settlements resolving coverage-relateddisputes and the rights of an insurer to seek payment for applicable deductibles,retrospective premiums, or self-insured retentions or to seek contributionfrom a successor corporation for uninsured or self-insured periods or periodswhen insurance is uncollectible or otherwise unavailable. Without limitingthe foregoing, to the extent total gross assets include such liability insurance,a settlement of a dispute concerning any such liability insurance coverageentered into by a transferor or successor corporation with the insurers ofthe transferor before July 15, 2010, shall be determinative of the total coverageof such liability insurance to be included in the calculation of the transferor'stotal gross assets. SourceLaws 2010, LB763, § 5.Effective Date: July 15, 2010