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 3841 - 3860 of 4597
Date
Rule
801.1(c); 801.10; 801.90
None.
File
Original Image File
(84.06 KB)
Date
Rule
801.30; 802.51
Called (redacted) and informed notice must be given to V (the issuer) and perhaps cc a copy to C to bring them into the loop. Otherwise, I agree with letter. PS. RS concurs. See PDF exhibit for...
File
Original Image File
(94.23 KB)
Date
Rule
802.1
Writer told that this was NOT an exempt transaction. WS called (redacted) andtold that this transaction was not exempt. WS discussed this letter with R Smithand N. Ovuka, and they concurred.
File
Original Image File
(86.48 KB)
Date
Rule
7A(c)(2); 801.21; 801.13
The acquisition of mortgages is exempt under 7A(c)(2) and a mortgage is not an asset under 801.21. Therefore, its value need not be aggregated with other non-exempt assets under 801.13, and a person...
File
Original Image File
(136.88 KB)
Date
Rule
802.63
OK. John Sipple expressed some reservations about a situation in which someone heard about this plan and bought up B bonds in order to acquire control of whatused to be B. Its not clear how this case...
File
Original Image File
(87.34 KB)
Date
Rule
801.40
This transaction is a formation of a partnership not a corporation - - not reportable. 7-31-78 SBP at 33485. Contacted (redacted); not reportable. PS. RS concurs, but notes minor flaws in letter.
File
Original Image File
(177.98 KB)
Date
Rule
801.40
Called (redacted) 10-29-91 -- 801.40 does not apply since size thresholds are notmet. PS. RS concurs but notes flaws.
File
Original Image File
(125.66 KB)
Date
Rule
802.63
10/23/91 Per J/Ss request, called (redacted). He advised that B was not acompetitor of A, the insurance company. I advised that A appeared to be acreditor of B and, as such, in a bona fide debt...
File
Original Image File
(117.36 KB)
Date
Rule
7A(c)(1); 802.1 (a)
10/15/91-Advised (redacted) that we viewed the sale of the voting stock as the sale of anentity whose assets consist solely of real property and assets incidental to the ownership ofreal property and...
File
Original Image File
(170.97 KB)
Date
Rule
801.1(b)
10/15/91 - Told writer that X would control because meets definition of control at the time of consummation, despite the fact that after consummation, it would no longer have 50% interest.
File
Original Image File
(168.21 KB)
Date
Rule
802.30; 802.52
Called (redacted) 10-9-91 Basically concur with letter and noted comments. [note 1-graph regarding corporations]-[note 2-Does anyone else control A? -No confirmed from(redacted)]-[note 3-U.S. subs...
File
Original Image File
(108.21 KB)
Date
Rule
7A(c)(4)
Called on 10/8/91 - Based on facts presented, the acquisition is exempt under c(4) as an acquisition from a federal agency. Here, the RTC controls the financial institution through receivership; the...
File
Original Image File
(105.79 KB)
Date
Rule
7A(c)(4)
10/8/91-talked to (redacted). Advised that I was not speaking for the Commission but only for the PMN Office, which advice was not binding on the Commission. I agreed that, since the RTC was approving...
File
Original Image File
(109.41 KB)
Date
Rule
7A(c)(6)
Called on 10/3 - agree the letter reflects the advice given [note 1-Attachment]
File
Original Image File
(103.44 KB)
Date
Rule
802.9; 7A(c)(9)
10/2/91 Called (redacted) points support the acquiring persons intent. FTC or DOJ may still investigate to determine actual intent [note 1-the conclusion the acquiring person not the staffs conclusion...
File
Original Image File
(83.51 KB)
Date
Rule
802.51
[note 1-The Foreign assets were initially exempt under 802.51(a) although they were included in the initial filing.]
File
Original Image File
(78.45 KB)
Date
Rule
§ 801.11
If two regulatory prepared balance sheets or financial statements exist covering the same period, both must be used to determine size. In this case, the GAAP balance sheet (“total assets”) would meet...
File
Original Image File
(354.28 KB)
Date
Rule
801.21 - 802.20 - 801.10(c) - 7A(a)(3)
See #139 new PM Practice Manual Agree that you can off set cash equivalent securities -called (redacted) [note 1-cash equivalent]-note 1-Municipal Bonds and other marketable securities]-[note 3-agreed...
File
Original Image File
(121.41 KB)
Date
Rule
801.1(c); 801.90
Facts indicate that C is an agent of A and therefore, A must first file before acquisition by and through agent C. Otherwise an 801.90 violation will occur re: purpose is to evade filing between A and...
File
Original Image File
(106.97 KB)
Displaying 3841 - 3860 of 4597