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 3701 - 3720 of 4612
Date
Rule
801.11(c)
Trial balance sheet with errors is not a regularly prepared balance sheet but is in the process of being prepared. Once prepared without errors and if prepared on a monthly basis it becomes the last...
File
Original Image File
(115.43 KB)
Date
Rule
801.1(a)(2); 801.2 (a) and (b); 801.40
None
File
Original Image File
(120.06 KB)
Date
Rule
7A(c)(1)
Raw timberland is exempt since it has not been harvested in 5 years. Also it is only inventory for buyer who will use it in the ordinary course of his business.
File
Original Image File
(78.43 KB)
Date
Rule
801.1(a); 7A(c)(4); 7A(a)(2)(B)
1/25/93 Called [redacted]. It appears that [redacted] is a political subdivision, and therefore, exempt. Nonprofit corporate affiliate is an entity and would be required to file if it meets the size...
File
Original Image File
(157.25 KB)
Date
Rule
802.30; 801.1(c)(8); 801.1(b)(2)
1/22/93 PMN cant expand 802.30 to exclude the merger of two subs held contractually. Must be by holdings of voting securities.
File
Original Image File
(167.04 KB)
Date
Rule
802.63
1/13/93 Exempt under 802.63. RS concurs.
File
Original Image File
(208.7 KB)
Date
Rule
Section 7A(a), 801.11(b)(2)
1/11/93 - called [redacted]. He advises that [redacted] holds only [redacted] and the latter's financials reflect the size of [redacted]. [Redacted] is a single entity and controls neither entity. The...
File
Original Image File
(53.35 KB)
Date
Rule
801.1(c)(3); 803.2; 801.1(c)(4)
1/11/93 Under 801.1(c)(4), if settlor retains a reversionary interest, then settlor holds assets of the trust. By naming himself beneficiary, individual who contributed more than 50% has retained a...
File
Original Image File
(116.1 KB)
Date
Rule
801.1(c); 801.63
The Trust remains in existence and continues to hold title to the asset after the transaction. This is a purchase of a stream of income and not reportable.
File
Original Image File
(90.25 KB)
Date
Rule
802.51
In order to be an exempt transaction under section 802.51, you need only to satisfy one of the subsections (a, b, c or d) listed therein.
File
Original Image File
(45.28 KB)
Date
Rule
7A(c)(1); 802.1
See # 23 in Premerger Practice Manual refers to the PMN Office position on loans. Called [redacted] 12-18-92. Noted that the sale of substantially all of a portfolio of loans can be exempt under c-1...
File
Original Image File
(69.59 KB)
Date
Rule
801.40; 801.1(f)(1)
12/16/92 – Advised [redacted- colleague] in the absence of [redacted- author of the letter] that the premerger office was of the view that the trust units were not voting securities. Asked for further...
File
Original Image File
(136.89 KB)
Date
Rule
801.2(d); 802.30
12/14/92 The transaction is exempt. The parties have already filed for a merger and consolidation so that the contemplated restructuring is covered by the prior filing. JS andRS concurs 802.30 does...
File
Original Image File
(226.77 KB)
Date
Rule
801.1(c); 802.63
Called (redacted) firm and informed a cast of thousands in a conference call that my answer was over-simplified. After explaining John Sipples letter of 11-21-90, the parties decided to file and did...
File
Original Image File
(132.13 KB)
Date
Rule
801.10
If this is straight up, as is, with no side deals (contractual agreements, etc.) then this is ok. Otherwise, we are troubled lets talk. Called [redacted] 12-3-92. [Redacted] said that the parties will...
File
Original Image File
(136.56 KB)
Date
Rule
801.10(b)
Clarified that payment is not received until after the services is provided. If payment was received before the service is provided the countervailing liability/obligation would have to be added to...
File
Original Image File
(67.67 KB)
Date
Rule
801.40; 801.1(f)
See File # 9212004
File
Original Image File
(67.97 KB)
Displaying 3701 - 3720 of 4612