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 3161 - 3180 of 4604
Date
Rule
801.40
(see 9903017). [note 1-"ing"] [note 2-"not correct"][note 3- two graphs]
File
Original Image File
(44.81 KB)
Date
Rule
801.40
The writer is correct in concluding that the transaction is a joint venture subject to the requirements of �801.40. If the transaction meets the size requirements of �801.40(b)(1) or (2), then A, B...
File
Original Image File
(75.14 KB)
Date
Rule
801.40; 802.40 - formation of non-profit
2/25/99 - Caller advised that corrections to last paragraph on pg. 1 should be made. I did so. Advised that the proposed transaction was not HSR reportable as the formation of a non-profit, which does...
File
Original Image File
(53.46 KB)
Date
Rule
801.11(e) ; 801.10; 801.11
Alerted (redacted) that I am not an attorney. I concur. Called (redacted) 2/9/99 [note 1-ok]-[note 2-ok]-[note 3-ok]-[note 4-ok]
File
Original Image File
(79.89 KB)
Date
Rule
801.1(c)(4)
2/5/99-Writer advises that father has contributed his 10 shares of voting stock to trust which is to exist for ten years with stock then to revert back to grantor, i.e., father. This is a...
File
Original Image File
(49.01 KB)
Date
Rule
7A(c)(7); 7A(c)(8);7A(c)(9);802.9
2/4/99 - faxed letter to J. Sidorov [DOJ]. He checked with Potter [DOJ] and the DOJ Banking Division. View was that since intent of [redacted] is to acquire [redacted], the present intent for the 4.9%...
File
Original Image File
(78.56 KB)
Date
Rule
801.1(b)(2); 801.2
2/4/99 Left phone mail message for writer. Since transfer of hospitals to Newco by RO and CB are now viewed as acquisitions by Newco, Newco can acquire one of the hospitals without reporting but its...
File
Original Image File
(81.22 KB)
Date
Rule
802.2(e); 802.2(f)
Transaction is exempt under 802.2(e) and (f).
File
Original Image File
(60.17 KB)
Date
Rule
802.21, 802.2(d)(2)
1/16/99 Informed the writer that the approach reflected in this letter seems to be a reasonable one and the conclusions reached seem not unreasonable. UPDATE May 31, 2016: The advice related to 802.2...
File
Original Image File
(115.42 KB)
Date
Rule
801.90 F.I. 15
There appears to be a business reason for structuring the deal in this manner. I see no 801.90 issue. Signed B. Michael Verne 1/5/99
File
Original Image File
(56.32 KB)
Date
Rule
801.40
called (redacted) 10/1/98 - I concur - [note 1-duplicate- 9809015]
File
Original Image File
(19.03 KB)
Date
Rule
801.40
"The issue-No single member can solely appoint a member to the board. if members of the management committee are being appointed from within (the membership interest holders) then his is deemed to be...
File
Original Image File
(43.2 KB)
Date
Rule
801.90
"9/28;98-Left voice mail message for writer that this transaction is viewed by the Premerger Office as a partnership formation and that the case equalization payment made by one of formers directly to...
File
Original Image File
(40.71 KB)
Date
Rule
8A(c)(2); 7A(c)(1)
9/25/98-"Advised writer that sale appeared to constitute the transfer of a 70% interest in mortgage loans and as such, would be exempt without any "operating unit" and analysis under 7A(c)(2)[see ABA...
File
Original Image File
(50.83 KB)
Date
Rule
803.1, 803.2
Called writer on 9/22. I informed her that .for Item5, she must use the actural figures for the 12 month period, but for Item 4 she can use the most resent annual figures
File
Original Image File
(42.58 KB)
Date
Rule
7A(c)(3); 7A(c)(10); 801.1(c)(8); 802.30
9/17/98 - Called writer and advised that transaction as described would require no HSR filing due to exemptions cited. (MV also reviewed further and concurs) File #: 9809006 [PDF 50KB]
File
Original Image File
(49.88 KB)
Date
Rule
801.1(b)(1)(ii)
9/14/98 - advised writer that since LLC was mor like a partnership than a corporation (no outsiders on board - confirmed by (redacted) on my last call to him), the insurance company does not control...
File
Original Image File
(46.37 KB)
Date
Rule
801.10
" called (redacted) 9/14/98-this is a Formation of a Partnership and is Purchase of a Partnership interest., and not reportable under H.S.R."
File
Original Image File
(73.71 KB)
Date
Rule
801.10
"The ______ staff is troubled by this letter. Related letter sent 9/8/98 satisfies the staff
File
Original Image File
(20.85 KB)
Date
Rule
801.1(a)(2)
9/1/98 - Advised writer that, in formation of Newco, Parent is only participant that qualifies as a Person. County Hospital is a political subdivision as are the Board of Trusties, the Board of County...
File
Original Image File
(71.27 KB)
Displaying 3161 - 3180 of 4604