Docusign Envelope ID: D1EF72EC-17B5-459A-93D1-E82ABEFBOE5C
<br />Proposed California State -Subdivision Agreement
<br />Regarding Distribution and Use of
<br />Settlement Funds — Alvogen Settlement
<br />1. Introduction
<br />Pursuant to the Alvogen Settlement Agreement, dated as of April 4, 2025, and any revision
<br />thereto (the "Alvogen Settlement Agreement"), including Section VI and Exhibit O, the State of
<br />California proposes this agreement (the "CA Alvogen Allocation Agreement") to govern the
<br />allocation, distribution, and use of Settlement Fund payments made to California pursuant to
<br />Sections V and VI of the Alvogen Settlement Agreement. For the avoidance of doubt, this
<br />agreement does not apply to payments made pursuant to Section X of the Alvogen Settlement
<br />Agreement.
<br />Pursuant to Exhibit O, Paragraph 4, of the Alvogen Settlement Agreement, acceptance of this
<br />CA Alvogen Allocation Agreement is a requirement to be an Initial Participating Subdivision.
<br />2. Definitions
<br />a) CA Participating Subdivision means a Participating Subdivision that is also (a) a
<br />Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or
<br />greater than 10,000. For the avoidance of doubt, eligible CA Participating
<br />Subdivisions are those California subdivisions listed in Exhibit C (excluding
<br />Litigating Special Districts) and/or Exhibit I to the Alvogen Settlement Agreement.
<br />b) CA Litigating Special District means a Litigating Special District located in
<br />California.
<br />c) Plaintiff Subdivision means a Subdivision located in California, other than a CA
<br />Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or
<br />through an official of the Subdivision on behalf of the People of the State of
<br />California, against one or more Opioid Defendants prior to October 1, 2020.
<br />d) Opioid Defendant means any defendant including but not limited to Alvogen, Inc.
<br />Amneal Pharmaceuticals LLC; Apotex Corp., Hikma Pharmaceuticals USA Inc. f/k/a
<br />West -Ward Pharmaceuticals Corp.; Indivior Inc.; Viatris Inc. ("Mylan"); Sun
<br />Pharmaceutical Industries, Inc.; Zydus Pharmaceuticals (USA) Inc.; Kroger Co.,
<br />Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS
<br />Health Corporation, CVS Pharmacy, Inc., Walgreen Co., Walmart Inc., Johnson &
<br />Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc.,
<br />Cencora, Inc. f/k/a AmerisourceBergen Corporation, McKesson Corporation, Dr.
<br />Richard S. Sackler, Beverly Sackler, Jonathan Sackler, David Sackler, Marianna
<br />Sackler, Theresa Sackler, Ilene Sackler Lefcourt, Dr. Kathe Sackler, and Mortimer
<br />D.A. Sackler) named in a lawsuit seeking damages, abatement, or other remedies
<br />related to or caused by the opioid public health crisis in any lawsuit brought by any
<br />state or local government on or before October 1, 2020.
<br />
|