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Date
Rule
801.2
Staff
Kristin Shaffer
Response/Comments

Confirmed.

Question

From: Shaffer, Kristin <kshaffer@ftc.gov>
Sent: Monday, September 11, 2023 4:04:28 PM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Approach when filing as acquiring and as acquired person

Confirmed.

Best regards,

Kristin

From: [Redacted]
Sent: Monday, September 11, 2023 3:49:32 PM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: Approach when filing as acquiring and as acquired person

Dear All:

I understand your preference is that parties submit separate filings when filing as an acquiring and as an acquired person.

In the filing as acquiring person ( in connection with the receipt of stock as consideration for the sale of a controlled entity), how would you like us to list the sales/ entities of the entity to be sold? In the past I have included their information—as they will be owned at the time of the filing—but added asterisks and a footnote to note that this information relates to the entities being sold and will not be part of the acquiring person post transaction.

Is that an acceptable approach?

Thank you.

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