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.
Displaying 2001 - 2020 of 4604
Date
Rule
801.10(d)
I informed him that according to 801.10(d), value the acquisition of non-corporate interests as you would voting securities. Do not include the debt guarantee in the valuation. M. Verne concurs.
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Original Image File
(44.11 KB)
Date
Rule
801.1(d)
The acquisition of non-corporate interests, value such interest in accordance with 801.10(d). Do not value the underlying assets held by the LLC. M. Verne concurs.
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Original Image File
(68.64 KB)
Date
Rule
801.40, 802.4
Nancy (Ovuka) and I talked this through and agree that this probably isnt reportable, but using a different analysis. We believe that the two transactions you describe (formation of Newco and...
File
Original Image File
(278.7 KB)
Date
Rule
801.1(b)
Use the size of the parties' opening capital accounts if this is in connection with the formation. If it is in connection with an acquisition by an existing non-corporate entity, use its most recent...
File
Original Image File
(34.56 KB)
Date
Rule
801.1(e)
No - its still foreign.
File
Original Image File
(34.62 KB)
Date
Rule
Form Item 2(b)
Just the noncorporate interests box.
File
Original Image File
(38.91 KB)
Date
Rule
801.10
The acquisition price would be the aggregate price for 100% of the interests in a plus the 15% interest in LP being acquired from B.
File
Original Image File
(33.01 KB)
Date
Rule
801.40
Nancy (Ovuka) and I talked this through and agree that this probably isn't reportable, but using a different analysis. We believe that the two transactions you describe (formation of Newco and...
File
Original Image File
(176.16 KB)
Date
Rule
801.10
The exercise price is the acquisition price. FMV is not required because the acquisition price is determined.
File
Original Image File
(30.74 KB)
Date
Rule
Form Item 4(c)
Yes to both.
File
Original Image File
(34.51 KB)
Date
Rule
15 USC 18a(c)(10) 7A(c)(10)
Agree.
File
Original Image File
(52.68 KB)
Date
Rule
801.13
Agree. N. Ovuka concurs.
File
Original Image File
(49.7 KB)
Date
Rule
801.10
The Board can delegate the role of determining the fair market value to any one they want. There is no requirement that the Board take any formal action to approve the determination, but they are...
File
Original Image File
(45.49 KB)
Displaying 2001 - 2020 of 4604