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 2541 - 2560 of 4604
Date
Rule
802.50
Advised that the value of any foreign IP can be excluded from the value of the transaction. Contingent payment with respect to foreign sales attributable to U.S. IP cannot be excluded.
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Date
Rule
Partnership
Agree there is nothing reportable in this transaction.
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(203.32 KB)
Date
Rule
7A(c)(10), 802.51
Agree. M Verne concurs.
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(295.49 KB)
Date
Rule
Formal Interpretation 15
Agree (with above comments).
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(283.23 KB)
Date
Rule
Form Instruction Item 5.
Do not report in base year. Report in 5(v)(ii), 5(b)(iii) & 5(c).
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(97.59 KB)
Date
Rule
802.2(g)
Confirmed that 802.2(g) exempts this transaction. UPDATE May 15, 2015: This is no longer the position of the PNO.
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(336.73 KB)
Date
Rule
802.30
Agree since this acquisition was already the subject of a notification. N Ovuka and M Bruno concur.
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(149.33 KB)
Date
Rule
7A(c)(1)
The sale by Bank X of all of the credit card receivables is no the ordinary course of business, even if it continues in other lending activities (per DOJ). Continuum can be applied so only one filing...
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(108.71 KB)
Date
Rule
801.2, 801.12
The size of person test would be applied to the trust. However, continuum only applies if the ultimate transaction is reportable. If trust fails the size of person test, the LLC X acquisition must be...
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(86.48 KB)
Date
Rule
801.12
This is the correct calculation.
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(69.55 KB)
Date
Rule
801.10
Agree This is not reportable.
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(109.06 KB)
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Rule
801.11
Agree a newly formed entity does not have a regularly prepared balance sheet.
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(86.42 KB)
Date
Rule
7A(c)(3)
The SPEs are new 100% by Y, so (redacted) for HSR purposes Y directly holds the v/s of X-sub. Advised that this is exempt under 7A(c)(3) as long as the SPEs have no other holdings.
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(74.34 KB)
Date
Rule
802.1(d) 802.63
After further conversations, counsel indicated that the fact pattern was not as stated. The acquiring person will take beneficial ownership of the assets and will enter into a long-term agreement to...
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(174.28 KB)
Date
Rule
801.1(f)
Advised that these are not treated as v/s. Appears to be more like voting interest in an LLC. N. Ovuka concurs.
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(75.25 KB)
Displaying 2541 - 2560 of 4604