Arkansas § 4-37-608 Application of Section 4-37-404 after merger

Arkansas Statutes

§ 4-37-608 — Application of Section 4-37-404 after merger

Arkansas § 4-37-608

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This text of Arkansas § 4-37-608 (Application of Section 4-37-404 after merger) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 4-37-608 (2026).

Text

(a)A creditor's right that existed under § 4-37-404 immediately before a merger under § 4-37-604 may be enforced after the merger in accordance with the following rules:

(1)A creditor's right that existed immediately before the merger against the surviving company, a continuing protected series, or a relocated protected series continues without change after the merger.

(2)A creditor's right that existed immediately before the merger against a nonsurviving company:

(A)may be asserted against an asset of the non-surviving company which vested in the surviving company as a result of the merger; and (B) does not otherwise change.

(3)Subject to subsection (b), the following rules apply:

(A)In addition to the remedy stated in subdivision (a)(1), a creditor with a right under § 4-37-404 whi

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(a) A creditor's right that existed under § 4-37-404 immediately before a merger under § 4-37-604 may be enforced after the merger in accordance with the following rules: (1) A creditor's right that existed immediately before the merger against the surviving company, a continuing protected series, or a relocated protected series continues without change after the merger. (2) A creditor's right that existed immediately before the merger against a nonsurviving company: (A) may be asserted against an asset of the non-surviving company which vested in the surviving company as a result of the merger; and (B) does not otherwise change. (3) Subject to subsection (b), the following rules apply: (A) In addition to the remedy stated in subdivision (a)(1), a creditor with a right under § 4-37-404 which existed immediately before the merger against a non-surviving company or a relocated protected series may assert the right against: (i) an asset of the surviving company, other than an asset of the non-surviving company which vested in the surviving company as a result of the merger; (ii) an asset of a continuing protected series; or (iii) an asset of a protected series established by the surviving company as a result of the merger; (iv) if the creditor's right was against an asset of the non-surviving company, an asset of a relocated series; or (v) if the creditor's right was against an asset of a relocated protected series, an asset of another relocated protected series. (B) In addition to the remedy stated in subdivision (a)(2), a creditor with a right that existed immediately before the merger against the surviving company or a continuing protected series may assert the right against: (i) an asset of a relocated protected series; or (ii) an asset of a non-surviving company which vested in the surviving company as a result of the merger. (b) For the purposes of subdivision (a)(3) and § 4-37-404(b)(1)(A) , § 4-37-404(b)(2)(A) , and § 4-37-404(b)(3)(A) , the incurrence date is deemed be the date on which the merger becomes effective. (c) A merger under § 4-37-604 does not affect the manner in which § 4-37-404 applies to a liability incurred after the merger.