Skip to main content
Date
Rule
Form Item 4(c)
Staff
Michael Verne
Response/Comments
Ordinary course document are not 4(c) for the party that prepares them. But could be for the other party if a copy is given to them.

Question

From: (redacted)

Sent: Thursday, March 16, 2006 10:45 AM

To: Verne, B.Michael

Subject:Question re Item 4(c)

Mike,

I understand that the PNOhas taken the view that a regularly prepared business plan (for example, an annualstrategy plan), prepared by or for an officer of one of the parties aftersigning of the purchase agreement but before filing HSR is not required to beproduced pursuant to Item 4(c) even if it has 4(c) content relating to thetransaction (for example, market shares), because it is not "prepared forthe purpose of evaluating or analyzing the transaction."

Can you please confirm thatmy understanding is correct? Many thanks,

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. 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.

Learn more about Informal Interpretations.

Return to top