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Date
Rule
801.10
Staff
Michael Verne
Response/Comments
Same Analysis.

Question

From:(redacted)

Sent:Monday, October 02, 2006 12:21 PM

To:Verne, B. Michael

Subject:Asset acquisition question

Inan asset acquisition, I understand that interpretation 109 indicates thataccounts receivable do not have to be included in the acquisition price ifSeller is getting the benefit of those accounts receivable and Buyer is simplyacting as a collection agent. Does the same analysis hold with respect toinventory existing as of close. Can it not be valued if Seller will get thebenefit and Buyer will simply act as a sales agent? Thanks.

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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.

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