Agree.
Question
From: Six, Anne
Sent: Friday, March 29, 2019 11:38:35 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: [Redacted]
Subject: FW: Thresholds
Agree.
Anne K. Six
Attorney
Premerger Notification Office
Federal Trade Commission
From: [Redacted]
Sent: Thursday, March 28, 2019 6:20:06 PM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Subject: Thresholds
Dear All:
Assume Individual A submitted a filing for the $100 million ( as adjusted) threshold in February 2017 to acquire stock of B. The waiting period expired in March 2017 and A acquired shares of B that caused A to cross the $100 million (as adjusted) threshold within one year of the expiration of the waiting period.
In July, 2018, A submitted a new filing for the $500 million ( as adjusted) threshold to acquire stock of B. The waiting period expired in August 2018 and while A has until August 2019 to cross the $500 million (as adjusted)threshold, given current stock values, that seems unlikely.
However, I believe that if subsequent to the expiration of the waiting period in August 2018, A acquired a single share of B stock causing A to hold B stock valued in excess of the $100 million ( as adjusted) threshold, A’s 2018 filing will be treated as a filing for the $100 million ( as adjusted) threshold, and that A can acquire additional B voting securities until August 2023 provided A’s holdings of B voting securities remain below the $500 million (as adjusted) threshold.
Do you agree?
Thank you.