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 3141 - 3160 of 4604
Date
Rule
802.2(d)
[note 1- one method proxy for fair market value of non-exempt assets]
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(46.71 KB)
Date
Rule
801.10; 802.20. 802.31
None noted
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(42.48 KB)
Date
Rule
801.11
Called (redacted) 3/30/99 and said if person does not have a regularly prepared balance sheet, he will need to prepare one in accordance with ABA #162. Furthermore, he should not rely on "net worth"....
File
Original Image File
(24.69 KB)
Date
Rule
801.40; 802.40
3/26/99 Advised writer that formation of Newco was non-reportable under 801.40. It does not have $10 MM in assets and, as a 501(c)(3) non-profit, would not issue voting securities. Advised writer...
File
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(70.2 KB)
Date
Rule
801.40
For purpose of this analysis, necessary 801.40 size-of-person tests are presumed to be met. 3/25/99 - Writer confirms that JV is a $100 MM person. RB Smith [note-1- "$15 million or" excised "than $15...
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Original Image File
(79.28 KB)
Date
Rule
801.1(3)(b)(1)(ii); 801.2(a)
3/25/99-Called writer. She confirmed that the acquiring person does not hold the other .5% interest in the OLP. As such, the acquisition of the 99.5% interest in the OLP is deemed to be the...
File
Original Image File
(44.14 KB)
Date
Rule
801.40
Agree - B. Michael Verne 3/25/99 (RBS concurs) [note 1-fair market value?] [note 2-based on Z's last balance sheet?]-[note 3-plus assets]-[note 4-fair market]-[note 5-yes]
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(46.21 KB)
Date
Rule
REIT realty purchase; 802.5
UPDATE: July 14, 2015 -- The below interpretation, as it relates to 802.5, is no longer the position of the PNO. The PNO’s clarified position, found at " HSR Rule 802.5: the Investment Rental Property...
File
Original Image File
(77.45 KB)
Date
Rule
801.40; 801.1(b)(1) and (2)
3/19/99 Advised writer that it has been the long-standing policy of the Premerger Office to treat Mass. Business Trusts as corporations. Formation of this Trust covered by 801.40, but not a $10 MM...
File
Original Image File
(78.43 KB)
Date
Rule
7A(c)(10)
3/17/99 - Called e-mail sender and advised that his conclusion was correct. Stock acquisition is exempt under 7A(c)(10). Stated that asset acquisition could be reportable, however. Writer agreed and...
File
Original Image File
(26.46 KB)
Date
Rule
803.1 (the Form) items 5 & 7
called (redacted) 3/12/99. I concur with this letter
File
Original Image File
(36.31 KB)
Date
Rule
801.40; 801.11(e)
called (redacted) 3/9/99 - I concur . RS concurs. [note 1-partnership not reportable]-[note 2-what about the GP noted on pg 2?][note 3-who does not control fund]-[note 4-it never flows through Fund...
File
Original Image File
(45.75 KB)
Date
Rule
802.51; 802.20
No aggregation required of D & C. One can carve out 802.50(b) from the size-of transaction (which is also used in 802.20). This allows you to apply 802.20 for the remaining acquisition of 20% of C for...
File
Original Image File
(78.22 KB)
Date
Rule
7A(c)(3)
Called (redacted) 3/5/99. I concur with your conclusion.[note 1-I am not an attorney]-[note 2- vs?]-[note 3-which ABB?]-[note 4-agreed]-[note 5-agreement attached]
File
Original Image File
(36.32 KB)
Date
Rule
801.90; 801.2; 801.11(e)
3/2/99-Letter is revision of 3/1/99 letter on which I provided comments. As revised, I am in agreement with its conclusion. RBSmith
File
Original Image File
(99.19 KB)
Date
Rule
801.90; 801.2; 801.11(e)
3/2/99-Letter is revision of 3/1/99 letter on which I provided comments. As revised, I am in agreement with its conclusions. RBSmith
File
Original Image File
(47.92 KB)
Date
Rule
802.5
March 1,1999 "Investment rental property" - No assets or property will be transferred according to this letter and telephone conversation with the author of this letter. Exempt under Rule 802.5. AMV...
File
Original Image File
(62.66 KB)
Date
Rule
801.40; 7A(c)(10); 801.90
See below
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Original Image File
(108.31 KB)
Displaying 3141 - 3160 of 4604