Common use of Distribution by Allocation Statute Clause in Contracts

Distribution by Allocation Statute. If a Settling State has an Allocation Statute and/or a Statutory Trust that addresses allocation or distribution of amounts DSSRUWLRQHG WR VXFK 6WDWH¶V 6WDWH )XQG $E Fund and that, to the extent any or all such sub-funds are addressed, requires (1) all amounts to be used for Opioid Remediation, except as allowed by Section V.B.2, and (2) at least seventy percent (70%) of all amounts to be used solely for future Opioid Remediation,8 then, to the extent allocation or distribution is addressed, the amounts DSSRUWLRQHGStaWte RFundW, AKbaDtemWent6AcWcoDunWtsHFu¶ndV, and Subdivision Fund under Section V.C shall be allocated and distributed as addressed and provided by the applicable Allocation Statute or Statutory Trust. For the avoidance of doubt, an Allocation Statute or Statutory Trust need not address all three (3) sub-funds that comprise the Settlement Fund, and if the applicable Allocation Statute or Statutory Trust does not address distribution of all or some of these three (3) sub-funds, the applicable Allocation Statute or Statutory Trust does not replace the default provisions described in Section V.D.4 of any such unaddressed fund. For example, if an Allocation Statute or Statutory Trust that meets the requirements of this Section V.D.2 only addresses funds restricted to abatement, then the default provisions in this Agreement concerning allocation among the three (3) sub-funds comprising the Settlement Fund and the distribution of the State Fund and Subdivision Fund for that State would still apply, while WKH GLVWULEXWLRQ RI WKH DSSOLFDEOH d 6WDWH¶V by the qualifying Allocation Statute or Statutory Trust.

Appears in 8 contracts

Samples: Distributor Settlement Agreement, Distributor Settlement Agreement, Distributor Settlement Agreement

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