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Date
Rule
801.10
Staff
Thomas Hancock
File Number
9104007
Response/Comments
OK

Question

(redacted)

April 12, 1991


Thomas Hancock
Premerger Notification Office
Bureau of Competition
Federal Trade Commission
6th & Pennsylvania Avenue, NW
Room 303
Washington, D.C. 20580


Dear Mr. Hancock:


This is to confirm our discussion of this morning when you informed me and my partner, (redacted) that a premerger notification filing was required in the following hypothetical: A not-for

profit (redacted) by merely assuming its liabilities which amount to $14 .5 million while its fund balance amounts to $2.5 million and its total liabilities and fund balance (and assets) total $17 million.


As I understand it, the position of the Federal Trade Commission is that a premerger notification is required even though the actual liabilities assumed are under the $15 million threshhold if the total book value of the assets and the liabilities and fund balance are above $15 million. If this is not correct, I request that you so notify me as soon as possible.


Thank you.


Very truly yours,


(redacted)


(redacted)

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