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3 <br /> <br /> <br />“National Settlement Agreements” means the national opioid settlement agreements with <br />the Parties and one or all of the Settling Defendants concerning alleged misconduct in <br />manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. <br /> <br />“Opioid Settlement Funds” shall mean all funds allocated by the National Settlement <br />Agreements and any Bankruptcy Resolutions to the State and Local Governments for <br />purposes of opioid remediation activities or restitution, as well as any repayment of those <br />funds and any interest or investment earnings that may accrue as those funds are <br />temporarily held before being expended on opioid remediation strategies. <br /> <br />“Opioid Supply Chain Participants” means entities that engage in or have engaged in the <br />manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic, <br />including their officers, directors, employees, or agents, acting in their capacity as such. <br /> <br />“Parties” means the State and the Participating Local Governments. <br /> <br />“Participating Local Government” means a county or city within the geographic boundaries <br />of the State of Minnesota that has signed this Memorandum of Agreement and has executed <br />a release of claims with the Settling Defendants by signing on to the National Settlement <br />Agreements. For the avoidance of doubt, a Local Government must sign this MOA to <br />become a “Participating Local Government.” <br /> <br />“Region” is defined in Section II.H below. <br /> <br />“Settling Defendants” means Johnson & Johnson, AmerisourceBergen, Cardinal Health, <br />and McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a <br />National Settlement Agreement. <br /> <br />“State” means the State of Minnesota by and through its Attorney General, Keith Ellison. <br /> <br />“State Abatement Fund” is defined in Section II.B below. <br /> <br />II. Allocation of Settlement Proceeds <br /> <br />A. Method of distribution. Pursuant to the National Settlement Agreements and any <br />Bankruptcy Resolutions, Opioid Settlement Funds shall be distributed directly to the State <br />and directly to Participating Local Governments in such proportions and for such uses as <br />set forth in this MOA, provided Opioid Settlement Funds shall not be considered funds of <br />the State or any Participating Local Government unless and until such time as each annual <br />distribution is made. <br /> <br />B. Overall allocation of funds. Opioid Settlement Funds will be initially allocated as follows: <br />(i) 25% directly to the State (“State Abatement Fund”), and (ii) 75% directly to abatement <br />funds established by Participating Local Governments (“Local Abatement Funds”). This <br />initial allocation is subject to modification by Sections II.F, II.G, and II.H, below.