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 741 - 760 of 4604
Date
Rule
801.2
We look at the primary acquisition (of Target) as preceding the backside acquisitions (members of Target acquiring interests in Holdco LLC). So Fund A still controls at the time the Target interests...
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(140.77 KB)
Date
Rule
801.1
1) If B is acquired directly by A, there is no acquiring person, so not reportable. 2) If B is acquired by a sub of A that is not itself an agency of the state, the sub would be its own UPE and the...
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(481.52 KB)
Date
Rule
802.3, 801.40
Agree that the sales meters are the appropriate meters to use in the 802.3 analysis. K Walsh concurs.
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(258.14 KB)
Date
Rule
801.1
The key is date of closing.
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(104.56 KB)
Date
Rule
801.10, 801.11
Agree.
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(224.09 KB)
Date
Rule
801.10
Yes, you would include the cash. The parties are adjusting the purchase price to $72 million because they didn't take the cash on hand into account when they agreed on $70 million. M Verne concurs.
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(90.79 KB)
Date
Rule
15 USC 18a(c)(1) – 7A(c)(1)
We historically have not exempted acquisitions other than of portfolios of financial instruments (e.g., loans, leases, servicing rights) under 7A(c)(1). The only exception for real property is if a...
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(132.89 KB)
Date
Rule
802.9
Agree. K Walsh concurs.
File
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(123.03 KB)
Date
Rule
803.9
1. The acquiring entity can file on behalf of the two UPEs on one form. 2. Two fees unless covered by §803.9(c)
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(77.64 KB)
Date
Rule
801.10
Agree. K Wash concurs
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(347.77 KB)
Date
Rule
801.10
Agree. K Walsh concurs.
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(150.72 KB)
Date
Rule
801.1(f). 801.2
Our current position is that X is still getting an exclusive license for a specific indication in the U.S. geographic market. Y is retaining the right to manufacture the product for the non-US...
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(132.57 KB)
Date
Rule
801.2, 802.4, 802.30
Agree.
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(702.15 KB)
Date
Rule
801.1(q)
No - it is still exclusive. It has long been and continues to be our position that the retention of co-development and co-promotion rights does not defeat the exclusivity of the license. Your cite to...
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(124.34 KB)
Date
Rule
801.15(d), 802.50, 802.51
For the sales in or into the US test: under 801.15(d) you would have to aggregate the US sales of any foreign assets being acquired from A, B and C with the US sales of FI A and FI B. For the assets...
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Original Image File
(132.36 KB)
Date
Rule
801.10
I agree with your conclusions (refer to email) We are not sure what the thinking was on the attached interp. It's possible that it hinged on being structured as a redemption or cancellation of shares...
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(346.09 KB)
Date
Rule
802.35, 802.10
Refer to comments below by MV
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(154.2 KB)
Date
Rule
801.10
Agree. K Walsh concurs.
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(94.92 KB)
Displaying 741 - 760 of 4604