Skip to main content
Date

Tags:

Rule
Thresholds
Staff
Michael Verne
Response/Comments
Correct - up to whatever the $500 million (as adjusted) will be at the time of the acquisition

Question

From: Verne, B. Michael
Sent: Wednesday, December 10, 2014 10:02 AM
To: (Redacted).; Walsh, Kathryn E.

Subject: RE: Thresholds

Correct- up to whatever the $500 million (as adjusted) will be at the time of the acquisition

 

From: (Redacted)
Sent: Wednesday, December 10, 2014 9:57AM
To: Walsh, Kathryn E.; Verne, B. Michael

Subject: Thresholds

Dear Kate and Mike:

It is my understanding that if X filed for the $141.8 million threshold in late 2013 and exceeded that threshold within a year of the expiration of the applicable waiting period, even if it did not hold shares meeting the increased threshold of $151.7 million, that its filing is effective and it has an additional 4 years to go up to but not hit the next threshold.

Do you agree?

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