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MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF AGREEMENT <br />WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been <br />harmed by misconduct committed by certain entities that engage in or have engaged in the <br />manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic; <br /> <br />WHEREAS, certain Minnesota counties and cities, through their counsel, and the State, through <br />its Attorney General, are separately engaged in ongoing investigations, litigation, and settlement <br />discussions seeking to hold opioid manufacturers and distributors accountable for the damage <br />caused by their misconduct; <br /> <br />WHEREAS, the State and Local Governments share a common desire to abate and alleviate the <br />impacts of the misconduct described above throughout Minnesota; <br /> <br />WHEREAS, while the State and Local Governments recognize the sums which may beavailable <br />from the aforementioned litigation will likely be insufficient to fully abate the public health crisis <br />caused by the opioid epidemic, they share a common interest in dedicating the most resources <br />possible to the abatement effort; <br /> <br />WHEREAS, the investigations and litigation with Johnson & Johnson, AmerisourceBergen, <br />Cardinal Health, and McKesson have resulted in National Settlement Agreements with those <br />companies, which the State has already committed to join; <br /> <br />WHEREAS, Minnesota’s share of settlement funds from the National Settlement Agreements will <br />be maximized only if all Minnesota counties, and cities of a certain size, participate in the <br />settlements; <br /> <br />WHEREAS, the National Settlement Agreements will set a default allocation between each state <br />and its political subdivisions unless they enter into a state-specific agreement regarding the <br />distribution and use of settlement amounts; <br /> <br />WHEREAS, this Memorandum of Agreement is intended to facilitate compliance by the State <br />and by the Local Governments with the terms of the National Settlement Agreements and is <br />intended to serve as a State-Subdivision Agreement under the National Settlement Agreements; <br /> <br />WHEREAS, this Memorandum of Agreement is also intended to serve as a State-Subdivision <br />Agreement under resolutions of claims concerning alleged misconduct in the manufacture, <br />marketing, promotion, distribution, or dispensing of an opioid analgesic entered in bankruptcy <br />court that provide for payments (including payments through a trust) to both the State and <br />Minnesota counties and cities and allow for the allocation between a state and its political <br />subdivisions to be set through a state-specific agreement; and <br /> <br />WHEREAS, specifically, this Memorandum of Agreement is intended to serve under the <br />Bankruptcy Resolutions concerning Purdue Pharma and Mallinckrodt as a qualifying Statewide <br />Abatement Agreement. <br /> <br />1 <br /> <br />