from a decision of the Supreme Court of Nevada in Chanos v Nevada Tax Commission 124 Nev 232 at 240 (2008) –
Generally, when "'the language of a statute is plain and unambiguous, and its meaning clear and unmistakable, there is no room for construction, and the courts are not permitted to search for its meaning beyond the statute itself.'" A statute is ambiguous when it "is capable of being understood in two or more senses by reasonably informed persons" or it does not otherwise speak to the issue before the court. An ambiguous statute may be examined through legislative history, reason, and considerations of public policy to determine the Legislature's intent. We look first to the language of former NRS 360.247 to determine whether it is ambiguous.
(Citations omitted.)
66 As to public policy, Mr Bogatz referred to gaming as a primary industry in Nevada, and to the consideration that mergers do not automatically result in the transfer of gaming licences. On this topic, Mr Bogatz referred to specific statutory provisions said to have this effect, namely Nevada Gaming Commission Regulations 8.030, 15.510.1-2 and 15.585.7-1, and NRS § 463.510. In oral evidence, Mr Bogatz stated that he had not found any case law or treatise that suggested that § 92A.250(1)(d) should be construed in light of gaming regulation. However, Mr Bogatz explained that everything in Nevada was coloured by its history with gaming. He added that there was a clear-cut policy that agreements to merge or change ownership did not transfer gaming licences, and that this was relevant to his opinion as to a Nevada court's likely approach to the question whether a liability to comply with a regulatory notice was transferred upon a merger. He did not accept that the existence of specific laws about the transfer of gaming licences told against the proposition that merger laws of general application would be given a restricted interpretation in relation to the transfer of "liabilities". Instead, he pointed to the specific matters that were dealt with in § 92A.250(1), including property and legal proceedings, and expressed the opinion that regulatory requirements such as reporting obligations were outside the scope of the provision. However, he accepted that an obligation to comply with an injunction would transfer to the surviving entity.
67 In relation to the term "liabilities" in § 92A.250(1)(d), Mr Bogatz referred to two decisions which he annexed to his report: Lamb v Leroy Corp 85 Nev 276 (1969), a reported decision of the Supreme Court of Nevada; and Quixtar, Inc v Signature Management Team, LLC (7 April 2009) (Quixtar), an unreported decision of the United States District Court for the District of Nevada.
68 The decision in Lamb did not concern a merger or consolidation of two corporations, but a sale of assets in exchange for shares. In contrasting that position with a merger or consolidation,
