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Date
Rule
Item 4(b)
Staff
Kristin Shaffer
Response/Comments

You may use an endnote to provide the stipulation.

Question

From: Shaffer, Kristin <kshaffer@ftc.gov>
Sent: Wednesday, October 5, 2022 8:13:23 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: How on the Form do I stipulate to the size of person?

You may use an endnote to provide the stipulation.

Best regards,

Kristin

From: [Redacted]
Sent: Tuesday, October 4, 2022 8:55:00 PM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: How on the Form do I stipulate to the size of person?

In item 4(b) of the form, the instructions say that if the most recent financial reports do not show sales or assets sufficient to meet the size of prison test, and the size of prison test is relevant given the size of the transaction, the filing person must stipulate in item 4(b) that it meets the test .

My question is how in item 4(b) of the Form do I stipulate to the size of person since there is no check box or other readily apparent mechanism in item 4(b) by which the stipulation can be entered?

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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