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 1561 - 1580 of 4604
Date
Rule
801.11(e)
Agree and see comment under Question.
File
Original Image File
(782.31 KB)
Date
Rule
801.1(g)
Not a CTO for HSR purposes.
File
Original Image File
(383.07 KB)
Date
Rule
Withdraw Refile
UPDATE July 28, 2016: This no longer represents the position of the PNO. For current withdraw and refile notification procedures, see 16 CFR 803.12. See also https://www.ftc.gov/system/files...
File
Original Image File
(371.63 KB)
Date
Rule
15 USC 18(a)(c)(1) - 7A(c)(1)
06/16/2008 – Agree.
File
Original Image File
(384.03 KB)
Date
Rule
Form Item 4(c)
06/13/2008 1. If never seen by an officer/director they are not 4(c) 2. If shared with buyer they do not become 4(c) documents of seller but may be for buyer 3. Analysis is the same -they are still...
File
Original Image File
(258.68 KB)
Date
Rule
801.1(b)
UPDATE June 1, 2018: This no longer represents the position of the PNO. Agree.
File
Original
(321.33 KB)
Date
Rule
802.2, 802.4
06/12/2008 – Agree.
File
Original Image File
(972.13 KB)
Date
Rule
801.50, 802.4
I think both scenarios should be treated as a formation followed by the acquisition of 80% of B for cash. I agree that both steps in either scenario would be exempt. This doesn't look like a...
File
Original Image File
(324.71 KB)
Date
Rule
801.11
a. The assets of M and New LLC would be determined as of a time immediately prior to the transaction, not April 30, 2008. b. There is no basis for excluding the cash to be used for the acquisition...
File
Original Image File
(989.78 KB)
Date
Rule
801.1
06/10/2008 - We don't think that restricted stock units that vest on a date certain in the future are sufficiently different from stock options that are exercised by an executive to warrant a change...
File
Original Image File
(1.32 MB)
Date
Rule
802.3
No associated exploration or production assets must be acquired with reserves to be exempt under 802.3
File
Original Image File
(193.08 KB)
Date
Rule
801.1(c)
First, we agree that these are not business trusts so the acquisition of beneficial interests of the trust are not treated as acquisitions of noncorporate interests. In a sale/leaseback arrangement...
File
Original Image File
(519.64 KB)
Date
06/06/2008 – Agree, one filing A acquiring B. K Walsh concurs.
File
Original Image File
(472.68 KB)
Date
Rule
802.2
I think that if the delay is due to a regulatory approval delay, the exemption would still be available. If the delay is due to (ii) or (iii) it would not be.
File
Original Image File
(750.12 KB)
Date
Rule
801.10
06/03/2008 – Agree.
File
Original Image File
(440.11 KB)
Date
Rule
802.4
06/03/2008 – It would be exempt under 802.4.
File
Original Image File
(275.65 KB)
Displaying 1561 - 1580 of 4604