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 3981 - 4000 of 4597
Date
Rule
803.7; Premerger Notification Practice Manual Int. #296
Called on 11-26-90. Agreed that a new filing is not required. PNO has taken the positionover the last year or so that a new filing is not required if a person files to acquire all of acompanys assets...
File
Original Image File
(228.71 KB)
Date
Rule
7A(c)(4)
Called 11-28-90- I concur [note 1-Premerger view, not FTC]
File
Original Image File
(81.95 KB)
Date
Rule
802.1; 801.10
I concur - Called (redacted) 12-7-90
File
Original Image File
(163.13 KB)
Date
Rule
802.63
10/30/90 Advised that this transaction is exempt from reporting requirements under our interpretation of 802.63 in that it is a bona fide sale/leaseback in the ordinary course ofbusiness of Company A...
File
Original Image File
(113.69 KB)
Date
Rule
803.9
10/15/90 Told (redacted) that the advice I had given him was wrong. We charge one filing fee when technically there are two acquisitions if what is being acquired is the same thing. E.g. A were...
File
Original Image File
(130.91 KB)
Date
Rule
7A(c)(1); 802.1(b)
10/12/90 Called (redacted) and said the Premerger Office agreed with his conclusion. On page 4, paragraph 2, second sentence, advised that this office views office buildings and residential buildings...
File
Original Image File
(323.78 KB)
Date
Rule
7A(c)(4); 801.1(a)(2)
10/5/90 If purchase is under RTC umbrella as appears it is the case here, then exemptunder (c)(4) and 801.1(a)(2). RB Smith
File
Original Image File
(55.78 KB)
Date
Rule
801.11(e); 801.10
10/1/90 Told (redacted) that the first mode of analysis is correct but not the second andassuming the faith stated the conclusion is correct. TFH
File
Original Image File
(111.91 KB)
Date
Rule
801.1(f)(3)
None noted
File
Original Image File
(129.09 KB)
Date
Rule
801.2
See handwritten charts in image file
File
Original Image File
(114.17 KB)
Date
Rule
801.13(b)
Im not sure what substantially all means but I know what it is when I see it 80% is substantially.
File
Original Image File
(146.65 KB)
Date
Rule
802.1; 801.10
A is selling one type of future of many in the same category - this is exempt; if A was sellingan entire segment of his business it would not be exempt. Acquisition price may becomputed as stated in...
File
Original Image File
(127.91 KB)
Date
Rule
802.1
9/24/90 Called him back. Clarified that since the size-of-person test isnt met there is noneed to go to the exemption under 802.1 for realty. Its really a 2-step process: 1) do youhave to file under...
File
Original Image File
(130.27 KB)
Date
Rule
801.1(c)(2); 801.11(c)(1)
Advised that 801.1(c)(2) requires insurance company to include assets held in a separateaccount for size of person test. - JDahnke 9/20/90
File
Original Image File
(386.61 KB)
Date
Rule
801.11
9/18/90 Advised (redacted) that pursuant to Rule 801.11, the size of person test includesthe acquired person plus all entities it controls. He agreed and stated that the acquiredperson controls no one...
File
Original Image File
(98.89 KB)
Date
Rule
801.11
For purposes of the size-of person test for an individual, include the financials of all entitiescontrolled plus any other investment assets. Exclude personal assets such as a house or car. Include...
File
Original Image File
(81.69 KB)
Date
Rule
802.63
Sale - leaseback in ordinary course
File
Original Image File
(442.36 KB)
Date
Rule
801.11
I never received a letter dated 9-4-90But did have phone conversation
File
Original Image File
(42.3 KB)
Displaying 3981 - 4000 of 4597