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 1261 - 1280 of 4604
Date
Rule
801.1(b)
UPDATE February 16, 2017: This no longer represents the position of the PNO. Company will control, as it has the right to designate 50% or more of the directors of Target's board, even though it is...
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(119.37 KB)
Date
Rule
802.2(a), 802.4
Agree Exempt under 802.4 via 802.2
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(65.92 KB)
Date
Rule
801.1(c), 802.51
Agree.
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(86.77 KB)
Date
Rule
Form Item 5
see MV comments below.
File
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(64.64 KB)
Date
Rule
802.2, 801.50
Profit for $40 million -does not satisfy size of transaction test A subsequently leases the real property to ServiceCo, which subleases the property to Non-Profit -Neither entering into a lease or...
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(198.76 KB)
Date
Rule
802.21
I think that if A currently holds 25% of B's voting securities valued at $1 billion (as adjusted), the increase in value wouldn't have been reportable, but now any acquisition of additional shares...
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(83.15 KB)
Date
Rule
801.10, 801.2(e)
08/20/2010 1. The acquisition of the rollover interests would be exempt for the members of management and the funds, however, I think the point is moot unless one is receiving 50% or more. You can't...
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(181.51 KB)
Date
Rule
801.1(b)
07/29/2010 – Corporation is its own UPE.
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(69.4 KB)
Date
Rule
802.4
I agree, but you don't have to use 801.13(c)(2). That rule determines the value of the transaction and says that you would not include the value of the 20% LLC interest. The reason you don't include...
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(71.34 KB)
Date
Rule
15 USC 18a(c)(3) 7A(c)(3)
7A(c)(3) is absolute whether a filing was done or not. Also see comments below.
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(111.39 KB)
Date
Rule
801.2, 801.1(c)
It depends on how they were restricted. We have seen various plans, I think the position then and now is that if you have the right to vote the share, receive dividends, and by definition the risk of...
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(43.4 KB)
Date
Rule
801.10
I'm not following your thinking here. Isn't this like having a working capital adjustment to the purchase price? If that's the case, it doesn't matter what category of assets makes up the shortfall...
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(78.64 KB)
Date
Rule
801.40, 802.30, 802.51
Then everything is exempt. You are correct that C's acquisition of 10% of Target from A and B is exempt under 802.51(b). I would view the contribution of Target shares to SPV as part of the formation...
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(78.43 KB)
Displaying 1261 - 1280 of 4604