Question
January 30, 1992
BY TELECOPIER
Ms. Nancy Ovuka
Federal Trade Commission
Premerger Notification Office
6th and Pennsylvania, NW
Washington, D.C. 20580
Dear Ms. Ovuka:
This letter confirms our telephone conversation yesterday in which you advised me that a Hart-Scott-Rodino premerger notification is not required in the following circumstances.
Background information. Lender wants to sell cable operator. Ultimate parent entity of acquired person has assets that exceed $10,000,000. UPE of acquiring person has assets or net sales in excess of $100,000,000.
Option 1: Asset Sale. Both the fair market value and the purchase price of the assets sold the acquiring person would be $15,000,000 or less.
Option 2: Stock Sale. The annual net sales and assets of the acquired person are less than $25,000,000.
You advised me that in each of these circumstances, 16 C.F.R. 802.20 exempts the parties from the premerger notifications of Hart-Scott-Rodino.
Thank you for your patience and assistance in this matter.
Sincerely,
(redacted)