§ 1-1-135 — Establishing fair market value of total assets

Wyoming § 1-1-135

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 1: GENERAL PROVISIONS AS TO CIVIL ACTIONS

Text

(a) A successor corporation may establish the fair market
value of total gross assets for the purpose of the limitations
under W.S. 1-1-134 through any method reasonable under the
circumstances, including:
(i) By reference to the going concern value of the
assets or to the purchase price attributable to or paid for the
assets in an arms-length transaction; or
(ii) In the absence of other readily available
information from which the fair market value can be determined,
by reference to the value of the assets recorded on a balance
sheet.
(b) Total gross assets include intangible assets.
(c) To the extent total gross assets include any liability
insurance that was issued to the transferor whose assets are
being valued for purposes of this section the applicability,
terms, conditions and limits of such insurance shall not be
affected by this section, nor shall this section otherwise
affect the rights and obligations of an insurer, transferor or
successor under any insurance contract or any related
agreements, including, without limitation, preenactment
settlements resolving coverage-related disputes, and the rights
of an insurer to seek payment for applicable deductibles,
retrospective premiums or self-insured retentions or to seek
contribution from a successor for uninsured or self-insured
periods or periods where insurance is uncollectible or otherwise
unavailable. Without limiting the foregoing, to the extent
total gross assets include any such liability insurance, a
settlement of a dispute concerning any such liability insurance
coverage entered into by a transferor or successor with the
insurers of the transferor before July 1, 2011 shall be
determinative of the total coverage of such liability insurance
to be included in the calculation of the transferor's total
gross assets.