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3/26/99 Advised writer that formation of Newco was non-reportable under 801.40. It does not have $10 MM in assets and, as a 501(c)(3) non-profit, would not issue voting securities. Advised writer...

For purpose of this analysis, necessary 801.40 size-of-person tests are presumed to be met. 3/25/99 - Writer confirms that JV is a $100 MM person. RB Smith [note-1- "$15 million or" excised "than $15...

3/25/99-Called writer. She confirmed that the acquiring person does not hold the other .5% interest in the OLP. As such, the acquisition of the 99.5% interest in the OLP is deemed to be the...

Agree - B. Michael Verne 3/25/99 (RBS concurs) [note 1-fair market value?] [note 2-based on Z's last balance sheet?]-[note 3-plus assets]-[note 4-fair market]-[note 5-yes]

UPDATE: July 14, 2015 -- The below interpretation, as it relates to 802.5, is no longer the position of the PNO. The PNO’s clarified position, found at " HSR Rule 802.5: the Investment Rental Property...