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.
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Date
Agree. Update March 15, 2016: This no longer reflects the position of the PNO.
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801.10
Agree not reportable.
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802.21
11/24/2008 The 1983 letter (and #204) address a situation where the acquiring person filed notification and made an acquisition that crossed the notification threshold within a year. John Sipple...
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(109.7 KB)
Date
Rule
802.10
11/20/2008 – Agree – This is exempt under 802.10
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(95.88 KB)
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Rule
801.2, 802.4
1. I assume you meant Corp A's acquisition of Corp B, and yes I agree that is potentially reportable. 2. In a stock for stock transaction both A's acquisition of B and any of B's shareholders'...
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(325.07 KB)
Date
Rule
801.1(b)(1)(ii), 801.1(f)(ii), 801.10(d), 801.13(c)(1), 801.2(f)(1)(ii). 801.90
Refer to comments. MV agrees.
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801.40
11/4/2008 – Agree.
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Rule
802.52, Form Item 4(c)
I can confirm that 802.52 is not available. The foreign corporation would be the person filing notification. You need only to furnish English translations of SEC documents. If no translation currently...
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(96.13 KB)
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Rule
802.4, 802.5
1. Yes, but the acquisitions of corporate minority interests could be reportable as secondary acquisitions. 2. Yes
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(57.85 KB)
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Rule
801.1(i)(2), 802.51
We interpret investment assets very narrowly to include only what is in the definition in 801.1 (i)(2): "cash, deposits in financial institutions, other money market instruments, and instruments...
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(95.75 KB)
Date
Rule
802.4
The assets of C, if acquired directly by A would be exempt under 802.30(a), so if the assets that B holds, other than the assets in C, are not valued in excess of $63.1 MM the acquisition of B would...
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(49.31 KB)
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