2412001 Informal Interpretation
Date
Rule
801., 801.2
Yes, we agree that you should submit two forms.
File
Informal interpretations provide guidance from PNO staff on the applicability of the HSR rules to specific fact situations. They do not necessarily reflect the position of the Commission. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.
Informal interpretations issued prior to February 10, 2025, that reference the HSR Form are about older versions of the HSR Form, not the updated Form that became effective on February 10, 2025. To the extent that an informal interpretation issued before February 10, 2025 overlaps with the updated 2025 HSR Form, the 2025 HSR Form supersedes the earlier guidance.
Learn more about informal interpretations.
Displaying 1 - 20 of 4664
2412003 Informal Interpretation
Date
Rule
801.1
Assuming that both the Irrigation District and Energy Center Authority are agencies as well, we agree with your analysis.
File
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(566.09 KB)
2412002 Informal Interpretation
Date
Rule
801.10, 801.30
Filing Fee - In this circumstance we disagree. Only the upper bound of the purchase price is not ascertainable, but the lower bound is determined. In this case, the fee should be based upon the lower...
File
Original Image - 2412002 Informal Interpretation
(233.09 KB)
2411008 Informal Interpretation
Date
Rule
803.5
Here are the answers to your questions: Is it permissible for the Notification and Report Form and Affidavit to be signed by Docusign? Yes. Our ultimate parent entity is a husband and a wife. Is it...
File
2411004 Informal Interpretation
Date
Rule
Item 4
Yes, that’s the correct process. Please make sure to indicate on the certification and index that the submission is on behalf of the PE Firm in connection with the UPE’s filing and explain in your...
File
Original Image - 2411004 Informal Interpretation
(720.13 KB)
2411006 Informal Interpretation
Date
Rule
803.12
Please see answers below in bold.
File
Original Image - 2411006 Informal Interpretation
(881.95 KB)
2411009 Informal Interpretation
Date
Rule
801.10
We agree that this is a potentially reportable acquisition of non-corporate interests.
File
Original Image - 2411009 Informal Interpretation
(762.34 KB)
2411001 Informal Interpretation
Date
Rule
7A(c)(10)
Because Lender A will acquire a greater percentage of voting securities than it currently holds, 7a(c)(10) does not apply. Therefore, the acquisition of voting securities would be reportable.
File
2411007 Informal Interpretation
Date
Rule
801.10, 801.11
Confirming that you may exclude Loans/Lines of Credit (1 st) and Loans/Lines of Credit (Junior). To the extent the lease receivables are the monthly payments by the lessee, they would represent income...
File
2411002 Informal Interpretation
Date
Rule
801.13
So long as there are no 801.90 issues, the size of transaction should be determined by valuing the voting securities that will be held as a result of the acquisition, consistent with 801.10 and the...
File
2411005 Informal Interpretation
Date
Rule
801.30
Company A should file for the acquisition of the non-corporate interests of LLC X as an 801.30(a)(6) and should attest that is has a good faith intent to make the acquisition. The mechanics of the...
File
2411003 Informal Interpretation
Date
Rule
Item 4
Items 4(c) and 4(d) require only existing documents; no new documents need to be created specifically for the HSR filing. In addition, Items 4(c) and 4(d) do not specify a time period for the data...
File
Original Image - 2411003 Informal Interpretation
(308.72 KB)
2410003 Informal Interpretation
Date
Rule
802.52
The exemption in Rule 802.52 is not available to an acquiring person controlled by the Canadian government that is acquiring a UK company.
File
Original Image - 2410003
(1.02 MB)
2410001 Informal Interpretation
Date
Rule
801.1, 801.2
Confirmed.
File
Original Image - 2410001 Informal Interpretation
(711.87 KB)
2410004 Informal Interpretation
Date
Rule
Item 7
No, if street addresses are required by Item 7(c)(iv)(b), a filing is not complete and the waiting period cannot start until they are provided.
File
2410008 Informal Interpretation
Date
Rule
801.10, 802.30
You should file for 100% now.
File
Original Image - 2410008 Informal Interpretation
(125.39 KB)
2410009 Informal Interpretation
Date
Rule
801.10
We agree.
File
Original Image - 2410009
(614.73 KB)
2410007 Informal Interpretation
Date
Rule
801.10
Yes, all three categories must be included in the size of transaction. Please see Rule 801.10 to determine valuation.
File
2410005 Informal Interpretation
Date
Rule
801.40, 802.30
Confirmed.
File
Original Image - 2410005 Informal Interpretation
(850.35 KB)
2410011 Informal Interpretation
Date
Rule
801.1
No, based on these facts, the father controls the trust.
File
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