IC 7.1-3-25-4.5: Transfer of products meeting sales percentage threshold prohibited

Sec. 4.5. (a) Except as provided in subsection (b), a successor, upon acquiring products, shall:

(1) reappoint the existing wholesaler for:

(A) all acquired products; and

(B) the territories covered by the existing wholesaler for the products; or

(2) comply with this chapter to transfer the products to another wholesaler.

(b) If the products acquired by a successor represent at least fifteen percent (15%) of an existing wholesaler's dollar sales in the twelve (12) months preceding the closing of the transaction in which the successor acquires the products, the successor:

(1) shall reappoint the existing wholesaler for:

(A) all acquired products; and

(B) the territories covered by the existing wholesaler for the products; and

(2) may not transfer the product to another wholesaler.