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Appendix T(1) ____________________________________________________________________________________________________________Attorneys for ABC Investment, Inc.(Applicant/Transferee)IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF ________________
In re: Approval of Transfer of
Structured Settlement Payment Rights by __________, Transferor and Payee, to ABC
INVESTMENT, INC., Transferee.Case No . ________________
APPLICATION FOR
APPROVAL OF
TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS (A.R.S. § 12-2901 et seq.)THIS CAUSE COMING TO BE HEARD on the Application (the
“Application”) of ABC Investment, Inc. (hereinafter “Applicant” or
“Transferee”) for the approval of the transfer, sale and assignment by
Transferor and Payee NAME (“Transferor/Payee”) to Transferee or
Transferee’s successors or assigns (collectively “Transferee”) of
Transferor’s right to receive, and interests in, certain structured
settlement payments hereinafter defined in Section 14 hereof
(“Assigned Payments”) under Annuity Contract Number _______ (the
“Annuity”) which is owned by NAME OF ANNUITY OWNER
(“Owner”) and issued by NAME OF ANNUITY ISSUER (“Annuity
Issuer”) pursuant to that certain Transfer Agreement for the Purchase
and Sale of Structured Settlement Payment Rights entered into
between Transferor and Transferee on ______, 200_ (“Transfer
Agreement”) and due notice having been given to all interested
parties, and the Court being fully advised in the premises;NOW, this _____ day of _________, 200_, IT IS HEREBY
ORDERED, ADJUDGED and DECREED as follows:
1. Venue is properly laid in this Court in ______ County, the
residence of Transferor/Payee, pursuant to A.R.S. § 12-2903;
2.All interested parties have been given notice in connection
with the hearing on this date as required under A.R.S.
§ _______________; 3.Applicant has specifically warranted and represented that, to
the best of its knowledge and its Counsel’s knowledge after diligent
inquiry, no structured settlement transfer act (sometimes also
known as a structured settlement protection act) enacted in any state
other than Arizona applies to this transfer;4. Applicant has specifically warranted and represented that, to
the best of its knowledge and its counsel’s knowledge after diligent
inquiry, the transfer does not contravene any federal or Arizona
state statute or the order of any court or responsible administrative
authority and, on that basis, the Court hereby accepts that
representation as its own finding;5.At least three (3) business days before the date on which the
Transferor/Payee signed the Transfer Agreement, the Applicant
provided to the Transferor/Payee a Disclosure Statement as
required by A.R.S. § 12-2902(B)(2);6.After having reviewed the Affidavit of Transferor/Payee and
having had the opportunity to question him/her directly, the Court
finds that the aforesaid transfer is in the best interests of the
Transferor/Payee, having taken into account the welfare and
support of the payee’s dependents of which there are none;7.The Transferor/Payee has been advised by Applicant to seek
independent professional advice regarding this transfer of payment
rights, and has waived such advice in writing;8. ABC Investment has given written notice of the Transferee’s
name, address and taxpayer identification number to NAME OF
ANNUITY OWNER and to NAME OF ANNUITY ISSUER and
has filed copies of those notices with this Court;9.The Transfer Agreement provides that if the
Transferor/Payee is domiciled in the State of Arizona that any
disputes between the parties will be governed in accordance with
the laws of the State of Arizona and that the domicile state of the
Transferor/Payee shall be the proper venue to bring any cause of
action arising out of a breach of the Transfer Agreement;
10.The net amount payable to the Transferor/Payee arising out
of this transfer of future settlement payment rights is fair, just and
reasonable under all of the circumstances now or previously
existing;11. The Transferor/Payee consents to and authorizes the filing
by Transferee or any assignee or successor of Transferee, of any
applicable UCC financing statements against Transferor/Payee or
any other applicable persons relating to the interests which are the
subject of the transfer.12. Notwithstanding any antiassignment or antiencumbrance
language in the underlying Settlement Agreement and Release
dated _______, 200_ and in related contracts and annuity
documents, the Court finds that notice of this proposed transfer was
clearly given to all interested parties, that objections, if any, based
on such antiassignment or antiencumbrance language have been
effectively waived, and that the Transfer Agreement and transfer of
the Assigned Payments are approved. The provisions of the
Transfer Agreement are hereby incorporated by reference into this
Order. The Transferor/Payee shall not retain and shall not be
permitted to assign or transfer to any other person or entity any
interest in the Assigned Payments or any rights and interests related
thereto;13. As and when due, the Assigned Payments, detailed below,
shall be made payable and forwarded to ABC Investment, Inc. or to
its successors and/or assigns at ADDRESS;14. The Assigned Payments as described in the Transfer
Agreement are those payments that SPECIFY AMOUNT AND
DUE DATE FOR EACH SUCH PAYMENT, with an agreed
purchase price of $____________; 15. The Annuity Issuer and Annuity Owner shall not change or
cause to be changed the payment recipient’s name or payment
address for the Assigned Payments stated above unless they have
received express written notice from Transferee to do so; 16.Following this transfer of structured settlement payment
rights, and pursuant to A.R.S. § ___________:
a. The structured settlement obligor/annuity owner NAME
OF ANNUITY OWNER and the annuity issuer (NAME OF
ANNUITY ISSUER) shall, as to all parties except the
Transferee, be discharged and released from any and all
liability for the Assigned Payments;
b.The Transferee shall be liable to the structured settlement
obligor/annuity owner NAME OF ANNUITY OWNER and to
the annuity issuer NAME OF ANNUITY ISSUER:
i.if the transfer contravenes the terms of the structured
settlement, for any taxes incurred by the parties as a
consequence of the transfer; and
ii.for any other liabilities or costs, including reasonable
costs and attorneys’ fees arising from compliance by the
parties with this Order or arising as a consequence of the
Transferee’s failure to comply with A.R.S. § 12-2901 et seq.;
c.Neither the annuity issuer nor the structured settlement
obligor/annuity owner may be required to divide any periodic
payment between two or more transferees or assignees; and
d.Any further transfer of structured settlement payment
rights by the Transferor/Payee may be made only after
compliance with all of the requirements of A.R.S. §12-2901 et
seq.
17.This Order in no way modifies or negates ownership or
control over the Annuity by the structured settlement
obligor/annuity owner.
18.This Order is intended to be and is a final order for all
purposes under Arizona’s Structured Settlement Transfer Act
(A.R.S. §12-2901 et seq.), all without further order of this Court.
NOW, THEREFORE, IT IS HEREBY ORDERED that said
transfer is hereby approved on the terms set forth in the Transfer
Application, and for all other purposes as set forth in A.R.S. § 21-
2901 et seq.DATED this _____ day of __________, 200_.BY THE COURT:_________________________Approved as to form and content:ABC INVESTMENT, INC.
By: ______________________Dated: __________Its: General Counsel
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