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06/15/2021
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06/15/2021
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8/26/2021 2:01:46 PM
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8/26/2021 1:57:21 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/15/2021
Meeting Body
Board of County Commissioners
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PURDUE PHARMA L.P. <br />ABATEMENT PLAN TERM SHEET <br />SUMMARY OF TERMS AND CONDITIONS <br />THIS TERM SHEET DOES NOT CONSTITUTE (NOR SHALL <br />IT BE CONSTRUED AS) AN OFFER, AGREEMENT OR COMMITMENT' <br />Issue <br />Description <br />1. APPLICABILITY <br />These terms (once agreed) shall apply to the allocation of value received <br />OF AGREEMENT <br />under, and shall be incorporated into,�any plan of reorganization (the <br />"Chapter 11 Plan") in the chapter 11 cases of•Pur e,Pharma L.P. and its <br />affiliates (collectively, "Purdue�)_pending\in the;U.S. Bankruptcy Court <br />for the Southern District of New`Y..ork (the "Barikr'uptcy IN between <br />the states, territories and the District oeColumb a (each a "State") on the <br />one hand, each county, ity; town, pari'sh\vil age, municipality that <br />functions as a political 'subdivision under State law or a governmental <br />entity that has the authority to bring 'Drug Dealer Liability Act ("DDLA <br />`(collectively; <br />Claims") under State law the ` Local Governments"), and <br />each federallyrrecognized Native American Native Alaskan or American <br />Indian Tribe ('each a `Tribe") on thn other. <br />2. PURPOSE <br />Virtually' all credit rs and the Court itself in the Purdue bankruptcy <br />recogmze the need sand value m developing a comprehensive abatement <br />crisis <br />strategy to ddress the opioid as the most effective use of the funds <br />-that <br />< <br />can\be derived from the Purdue estate (including without limitation <br />msurance,proceeds_and,/if included in the Chapter 11 Plan, payments by <br />third-parhes,seeking releases). Because of the unique impact the crisis has <br />� <br />had thio ugliout all regions of the country, and as repeatedly recognized by <br />IJudge Drain, d'iv'ision of a substantial portion of the bankruptcy estate <br />`should occur,through an established governmental structure, with the use <br />ofd uch funds strictly limited to abatement purposes as provided herein.' <br />Asaoc ndit n to parrtticipating in this abatement structure, the settlements that the states of Kentucky and <br />Oklahoma separately entered into with Purdue must be taken into account in any allocation to them or flowing <br />through them. Potential adjustments may include a different Government Participation Mechanism structure for the <br />disbursement of fundsto benefit Local Governments in those states or some redirection of funds, which would still <br />be used solely for abatement purposes. <br />z See, e.g., Hrg. Tr at 149:22-150:5 (Oct. 11, 2019)(` "I would hope that those public health steps, once the difficult <br />allocation issues that the parties have addressed here, can be largely left up to the states and municipalities so that they <br />can use their own unique knowledge about their own citizens and how to address them. It may be that some states <br />think it's more of a law enforcement issue, i.e. interdicting illegal opioids at this point. Others may think education is <br />more important. Others may think treatment is more important."); id. At 175:24-176:6 ("I also think, and again, I <br />didn't say this lightly, that my hope in the allocation process is that there would be an understanding between the <br />states and the municipalities and localities throughout the whole process that[,] subject to general guidelines on how <br />the money should be used, specific ways to use it would be left up to the states and the municipalities, with guidance <br />from the states primarily."); Hr'g Tr. At 165:3-165:14 (Nov. 19, 2019) ("I continue to believe that the states play a <br />major role in [the allocation] process. The role I'm envisioning for them is not one where they say we get everything. <br />4812-5294-4831 A 1 90 <br />
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