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 821 - 840 of 4604
Date
Rule
802.2(h)
– Agree, K Walsh concurs. UPDATE 8/24/2015: The warehouse exemption, 802.2(h), will no longer be available for oil/gas storage facilities. If you have any questions on the application of 802.2(h) to a...
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(86.01 KB)
Date
Rule
801.1(d)(2)
Agree. K Walsh concurs.
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(81.56 KB)
Date
Rule
801.1
– KGaA is non-corporation SE is a corporation GP controls SE, not KGaA
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(80.76 KB)
Date
Rule
802.2, 802.5
Thinking more about this, we are not sure we agree with Nancy's take. If you are acquiring an entire outdoor advertising business, we don't think you can exempt real property used in connection with...
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(115.54 KB)
Date
Rule
801.30
Refer to Comments
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(57.72 KB)
Date
Rule
802.52
– Agree. UPDATE March 23, 2015: The PNO’s current position is that where the primary acquisition is exempt under 802.51 or 802.52, any secondary acquisition (as defined in Section 801.4(a)) is also...
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(89.86 KB)
Date
- Informed writer that there are two transactions here. The transaction value of the first is $80MM, in which the business is being sold. The other transaction is the reinvestment of $15MM by the...
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(66.92 KB)
Date
Rule
801.11(e)
We are fine with 1 and 3, but we have problems with 2. We don't think we can ignore the fact that at the time of the acquisition of the two LLCs, Co-investor will control Newco. By definition it will...
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(115.81 KB)
Date
Rule
801.10, 802.3
You would treat them as 30 separate asset acquisitions. If the value of each undivided interest is less than $68.2 million, no filing is required. Note for future reference that § 802.3 does not...
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(50.98 KB)
Date
Rule
801.10
Agree. K Wash concurs.
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(83.85 KB)
Date
Rule
801.1(b)
A and B will each hold 50% of the LLC. B is required to file. The filing fee is determined by valuing, in this case, 50% of all (exempt and nonexempt assets) that the LLC holds. MV concurs.
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(57.69 KB)
Date
Rule
801.10
Agree. K Walsh concurs.
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(113.05 KB)
Date
Rule
801.11(e)
Any funds that will be exhausted as a result of the transaction can be excluded under 801.11(e), so the cash to pay off the debt does not count toward the size of person.
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(81.46 KB)
Date
Rule
801.1(f)
Agree. K Walsh concurs.
File
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(164.26 KB)
Date
Rule
801.10
Refer to Comments. MV concurs/
File
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(70.13 KB)
Displaying 821 - 840 of 4604