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 2161 - 2180 of 4612
Date
Rule
Form Item 4(a)
Separate links for each see filing
File
Original Image File
(12.99 KB)
Date
Rule
801.10
I think there are a couple of ways to look at this. One would say that you are acquiring an asset (either a 3 year or 6 year exclusive right to IP), the acquisition price is undetermined because you...
File
Original Image File
(37.37 KB)
Date
Rule
15USC18a(c)(4) 7A(c)(4)
Transaction is reportable. M. Bruno and N. Ovuka concur.
File
Original Image File
(82.33 KB)
Date
Rule
801.2, 801.4
The primary acquisition of Ds v/s by A is exempt. Secondary acquisition of v/s of B & C are potentially reportable.
File
Original Image File
(43.83 KB)
Date
Rule
803.5(a)(1)
Will not accept email as notice. N. Ovuka concurs. UPDATE from November 2013: THIS IS NO LONGER THE POSITION OF THE PNO. The notice letter may be delivered via e-mail as long as it is addressed to a...
File
Original Image File
(39.22 KB)
Date
Rule
Form Item 5
For the subsidiary incorporated in the US but which has its sole location outside the US where it does manufacturing, do not report anything in Item 5 for direct sales either to US or non-US customers...
File
Original Image File
(55.68 KB)
Date
Rule
802.4
I agree that no separate filings would be required for the acquisitions of the corporations that have minority holdings in the target corp. Those acquisitions would be exempt under 802.4 and the...
File
Original Image File
(46.1 KB)
Date
Rule
15 USC 18a(a)(2)(B)(i), 801.90
Purchase price for LLC interests does not include the payment of debt.
File
Original Image File
(46.03 KB)
Date
Rule
801.2
Describe it as an interim step in the acquisition of 25% of the voting securities.
File
Original Image File
(32.41 KB)
Date
Rule
801.10(d)
It doesn't say greater of acquisition price or FMV, because it is valuing interests in the non-corporate entity the same as voting securities of a non-publicly traded corporation. In both, if the...
File
Original Image File
(40.71 KB)
Date
Rule
801.15(d), 802.4, 802.50
It would be analyzed under 802.4. If the direct acquisition of the underlying foreign assets would be exempt under 802.50 and the remaining US assets were less than $56.7 MM, then the acquisition of...
File
Original Image File
(42.68 KB)
Date
Rule
802.4
The acquisition of Y by X is exempt under 802.4. Because none of the minority holdings of Y exceed $53.1 MM in value, there are no potentially reportable secondary acquisitions either. The acquisition...
File
Original Image File
(41.19 KB)
Date
Rule
801.1(b), 802.30
Agree. N Ovuka concurs.
File
Original Image File
(144.88 KB)
Date
Rule
802.21
Agree. N Ovuka and M Bruno concur.
File
Original Image File
(51.07 KB)
Displaying 2161 - 2180 of 4612