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Date

Tags:

Rule
Item 4(b)
Staff
Evan Storm
Response/Comments

In the case of a natural person who is the Acquired Person, he or she can respond to 4(b) by just  providing the annual report or audited financial statement for the acquired entity.

Question

That is correct.

Evan

From: [REDACTED]
Sent: Wednesday, August 17, 2016 11:59 AM
To: Storm, Evan; Gillis, Diana L.
Subject: Quick Question re: 4b

Evan and Diana,

Could one of you confirm that, in the case of a natural person who is the Acquired Person, he or she can respond to 4(b) by just  providing the annual report or audited financial statement for the acquired entity?  That seems to be what #174 in the Practice Manual indicates, but I haven’t seen an informal interpretation on point.  This transaction is above $312.6 million, so size-of-person isn’t at issue.

Thanks,

[REDACTED]

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.

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