{"data":{"id":"us-ne/neb.-rev.-stat.-21-534","jurisdiction":"us-ne","citation":"Neb. Rev. Stat. § 21-534","heading":"Neb. Rev. Stat. § 21-534","body":"(a) A creditor’s right that existed under section 21-523 immediately before a merger under section 21-530 may be enforced after the merger in accordance with the following rules:\n\n(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.\n\n(2) A creditor’s right that existed immediately before the merger against a nonsurviving company:\n\n(A) may be asserted against an asset of the nonsurviving company which vested in the surviving company as a result of the merger; and\n\n(B) does not otherwise change.\n\n(3) Subject to subsection (b) of this section, the following rules apply:\n\n(A) In addition to the remedy stated in subdivision (a)(1) of this section, a creditor with a right under section 21-523 which existed immediately before the merger against a nonsurviving company or a relocated protected series may assert the right against:\n\n(i) an asset of the surviving company, other than an asset of the nonsurviving company which vested in the surviving company as a result of the merger;\n\n(ii) an asset of a continuing protected series; or\n\n(iii) an asset of a protected series established by the surviving company as a result of the merger;\n\n(iv) if the creditor’s right was against an asset of the nonsurviving company, an asset of a relocated series; or\n\n(v) if the creditor’s right was against an asset of a relocated protected series, an asset of another relocated protected series.\n\n(B) In addition to the remedy stated in subdivision (a)(2) of this section, 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:\n\n(i) an asset of a relocated protected series; or\n\n(ii) an asset of a nonsurviving company which vested in the surviving company as a result of the merger.\n\n(b) For the purposes of subdivision (a)(3) of this section and subdivisions (b)(1)(A), (b)(2)(A), and (b)(3)(A) of section 21-523 , the incurrence date is deemed to be the date on which the merger becomes effective.\n\n(c) A merger under section 21-530 does not affect the manner in which section 21-523 applies to a liability incurred after the merger.","path":["NE Code","Chapter 21"],"source_url":"https://nebraskalegislature.gov/laws/statutes.php?statute=21-534","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:21Z","sha256":"4ce78c3bcfb19a63a733df7e1ee8b44841c420721acee411a3cfc598f4a8d407","source_id":"us-ne","stale":false,"prev":"us-ne/neb.-rev.-stat.-21-533","next":"us-ne/neb.-rev.-stat.-21-535"},"notice":"GroundRules: Original legal text. Not legal advice."}
