§ 32-46-03 — Measure of liabilities

1. Except as further limited in subsection 2, the cumulative successor asbestos-related
liabilities of an innocent successor corporation are limited to the fair market value of
the total gross assets of the transferor determined as of the time of the merger or
consolidation. The innocent successor corporation does not have responsibility for
successor asbestos-related liabilities in excess of this limitation.

2. If the transferor had assumed or incurred successor asbestos-related liabilities or
liabilities in connection with a prior merger or consolidation with a prior transferor, then
the fair market value of the total assets of the prior transferor determined as of the time
of the earlier merger or consolidation must be substituted for the limitation set forth in
subsection 1 for purposes of determining the limitation of liability of an innocent
successor corporation.