§ 32-46-05 — Adjustment

1. Except as provided in subsections 2 through 4, the fair market value of total gross
assets at the time of the merger or consolidation increases annually at a rate equal to
the sum of:
a. The prime rate as listed in the first edition of the Wall Street Journal published for
each calendar year since the merger or consolidation, unless the prime rate is not
published in that edition of the Wall Street Journal, in which case any reasonable
determination of the prime rate on the first day of the year may be used; and
b. One percent.
2. The rate found in subsection 1 may not be compounded.
3. The adjustment of the fair market value of total gross assets continues as provided in
subsection 1 until the date the adjusted value is first exceeded by the cumulative
amounts of successor asbestos-related liabilities paid or committed to be paid by or on
behalf of the innocent successor corporation or a predecessor or by or on behalf of a
transferor after the time of the merger or consolidation for which the fair market value
of total gross assets is determined.
4. An adjustment of the fair market value of total gross assets may not be applied to any
liability insurance that may be included in the definition of total gross assets by
subsection 3 of section 32-46-04.