Examples of Escrow Statutes in a sentence
The Allocable Share Amendments Correct An Unintended Flaw in the Escrow Statutes That Defeated The Purposes of Those Statutes in Many Jurisdictions Payments by PMs under the MSA are based on nationwide sales and are made to an MSA Escrow Agent.80 Those payments are then distributed among the Settling States according to fixed percentages, known as allocable shares, which are assigned to each Settling State as set forth in Exhibit A to the MSA.
Brown immunizes.” Freedom Holdings, at Tr. 49.It is also worth noting that plaintiffs contention that the Sherman Act preempts the Escrow Statutes is without merit.
Appellants first fault the district court for dismissing their claims that the Escrow Statutes contravened the dormant Commerce Clause and the Indian Commerce Clause.
No such conflict exists between the Sherman Act and the Escrow Statutes.Equal ProtectionPlaintiffs next argue that the Escrow Statutes violate their rights under the Equal Protection Clause.
Appellants finally assert that the Escrow Statutes “limit, burden [,] and regulate directly” interstate commerce wholly outside of the respective states.
Plaintiffs claim that the Escrow Statutes require NPMs to enter into one of two agreements, either the M.S.A. or an escrow agreement with the state, each of which has the express purpose and effect of restraining trade among competitors.Regardless of whether the Escrow Statutes have the purpose or effect of restraining trade, the reality is that the Escrow Statutes represent “state actions” and are, therefore, afforded immunity under the Parker doctrine.
In order to put this plan into effect, early in 2003 Claimants began to come into compliance with a select group of Settling States’ Escrow Statutes on a without prejudice basis.
Each of the defendants' states independently enacted Escrow Statutes that are substantially identical to that suggested in the MSA.”).
It was not due, as Settling State officials would candidly admit, to some unfair advantage possessed by NPMs under the Escrow Statutes or otherwise.
In order to facilitate passage of these Escrow Statutes, the majors and the states specifically negotiated in New York model escrow legislation that was ultimately included in the MSA's appendix.