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 2861 - 2880 of 4604
Date
Rule
803.9 – 801.4
C’s value cannot be excluded from the total value of B. Two fees and filings are required. $125,000 for a acquiring B. & $45,000 for A ACQUIRING C. N. OVUKA AGREES
File
Original Image File
(34.86 KB)
Date
Rule
802.21
All Correct, except as noted above. B. Michael Verne 3/8/01
File
Original Image File
(67.59 KB)
Date
Rule
801.1(C) 802.1
See Notes on attached. N. Ovuka, T. Hancock, & R. Smith agree. B. Michael Verne
File
Original Image File
(216.73 KB)
Date
New formal interpretation being written.
File
Original Image File
(116.13 KB)
Date
Rule
801.10
Agree. The distinction in #118 is that the best continued to exist but the shareholder received of his guarantee. N. Ovuka concurs
File
Original Image File
(118.78 KB)
Date
Rule
801.2(d)
I agree, As do M. Bruno, R. Smith, T. Hancock & N. Ovuka. This is not an acquisition & therefore not covered by the Act.
File
Original Image File
(87.81 KB)
Date
Rule
7A(c)(10)
(see attached charts)
File
Original Image File
(127.5 KB)
Date
Rule
801.10
Agree N. Ovuka concurs
File
Original Image File
(84.81 KB)
Date
Rule
801.10
Agree This is not an earn out which must be added to the acquisition price. N. Ovuka & K. Berg concurs.
File
Original Image File
(62.12 KB)
Date
Rule
802.9
A&B are not direct competition. A vendor-vendee type relationship does not preclude the use of this exemption. A appears to meet the other requirements of the exemption.
File
Original Image File
(108.08 KB)
Date
Rule
802.2(h) 802.1(2)
Agree. Nancy Ovuka concurs. This does not constitute the acquisition are a wholesale distribution business.
File
Original Image File
(85.89 KB)
Date
Rule
801.1c
The conveyance of the membership interest which gives A the right designate a majority of the directions of B is viewed as the acquisition of all of the assets of B by A. If the assets are valued in...
File
Original Image File
(50.03 KB)
Date
Rule
801.1(f), 802.31
We consider these to be voting securities (no conventional), will allow them to closed into escrow with unwind provision. N. Ovuka, J. Parisi, M. Bruno, Agree.
File
Original Image File
(456.95 KB)
Date
Rule
7A(c)(1)
Call writer on 2/21/01
File
Original Image File
(176.66 KB)
Date
Rule
801.1(c)
Advised the writer, after conferring with DOJ, that the test is whether the acquiring person intends to exercise the option. If so, a filing is required prior to effecting the LMA. J. Sidorov Agrees...
File
Original Image File
(80.38 KB)
Date
Rule
803.
Called (redacted) 2/20/01. You don not need to amend your filing.
File
Original Image File
(99.11 KB)
Date
Rule
802.2, 802.3, 802.4
Agree B. Michael Verne 2/13/01
File
Original Image File
(100.28 KB)
Date
Rule
Form Item 5
02/09/2001 1. 1. Sales should be included in Item 5 as wholesale codes (same under new proposed rules) 2. Sales should be excluded from Item 5 (under new proposed rules these sales would be reported...
File
Original Image File
(89.42 KB)
Displaying 2861 - 2880 of 4604