Ind. Code § 23-18-7-7
Abandonment of proposed merger
As added by P.L.8-1993, SEC.301.
Note: This version of section effective until 1-1-2018. See also following repeal of this chapter, effective 1-1-2018.
Sec. 7. (a) Unless the plan of merger precludes the right to abandon the merger, a proposed merger may be abandoned before the effective date of the articles of merger, unless provided otherwise in the operating agreement, by the affirmative vote, approval, or consent of a majority in interest of the members of each limited liability company that is party to the merger.
- (b) If the articles of merger have been filed with the secretary of state, notice of the abandonment must be given promptly to the secretary of state.
- (c) If the proposed merger is abandoned as provided in this section, no liability arises under the articles of merger.
- (d) An abandonment does not prejudice the rights of a person under any other contract made by a limited liability company that is a party to the merger in connection with the proposed merger.
As added by P.L.8-1993, SEC.301.