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 1861 - 1880 of 4612
Date
Rule
801.2(d)
A and B both file as acquiring and acquired persons - this is a consolidation. 2) Yes - any shareholder of A that will hold more than $59.8 MM in Newco v/s (assuming 802.9 is unavailable) would have a...
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(69.24 KB)
Date
Rule
801.2(b)
- Agree this is a non-corporate entity & its own UPE UPDATE June 1, 2016: This no longer represents the position of the PNO. Please see https://www.ftc.gov/news-events/blogs/competition-matters/2016...
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(138.54 KB)
Date
Rule
15 USC 18a(c)(11) 7A(c)(11)
(1) I think (c)(11) would cover the acquisition if the Bankruptcy Court has ordered the sale of voting securities to the bank pursuant to a plan of reorganization. I don't think it would be covered if...
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(49.31 KB)
Date
Rule
802.40
Confirmed no filing required. M Verne concurs.
File
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(63.24 KB)
Date
Rule
802.5
Agree this is exempt.
File
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(29.51 KB)
Date
Rule
801.2(d)
You are mixing the size-of-person test with the size-of-transaction test. A or B must have $119.6 MM in either sales or assets and the other must have $12.0 MM in either sales or assets. If both of...
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(56.21 KB)
Date
Rule
801.2
Yes - the trademark and franchise agreements would be non-exempt assets. Only B and C would be required to file.
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(33.19 KB)
Date
Rule
802.2(a)
802.2(a) is still available as long as the only revenues attributable to the plant come from testing and run-in.
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(41.32 KB)
Date
Rule
802.50, 802.4
I'm assuming that if 80% of the passengers are U.S., then a majority of the revenues are attributable to U.S. customers? If so, I think that is dispositive in determining that the ships are U.S...
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(65.83 KB)
Date
Rule
802.50, 802.51
agree 2- Correct - aggregate US sales across all foreign assets, but not with sales of US assets 3 - Neither - it is treated as an acquisition of non-corporate interests. Using 802.4 you look through...
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(55.48 KB)
Date
Rule
801.10
Agree this is non-reportable.
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(47.87 KB)
Date
Rule
801.2
02/28/2007 1) Agree 2) Moot
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(87.44 KB)
Date
Rule
801.40, 801.50
1) 801.40 or 801.50 2) If JV Sub Corp is being formed solely for the purpose of holding the assets contributed by A and B, and if the contributions of the assets by both and the acquisition of...
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Original Image File
(53.19 KB)
Date
Rule
801.2
I agree this is not exclusive.
File
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(37.87 KB)
Date
Rule
801.2
of-person of the JV, regardless of whether it is exclusive, non-exclusive or "hybrid". 2) Yes - the cash stream and EBIT would be cash equivalents. So, you can exclude them from the total non-exempt...
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(92.29 KB)
Date
Rule
801.1(b)
Agree the trust is its own UPE.
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(25.29 KB)
Date
Rule
801.13, 803.7
- I agree that we should not elevate form over substance in this transaction. I don't think a new filing is required if a new agreement is entered into for the additional assets or an amendment is...
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(97.59 KB)
Displaying 1861 - 1880 of 4612