Question
From: (redacted)
Sent: Thursday, July 12, 2007 3:25 PM
To: Johnson,Janice C.
Subject: Application of 16C.F.R. 802.2(d) to the Acquisition of Assisted Living Facilities
Dear Janice,
Thank you for speaking with me thisafternoon. As discussed, this e-mail is intended to confirm our conversationtoday regarding the applicability of the residential property exemption, 16C.F.R. 802.2(d), with respect to the acquisition of several assisted livingfacilities as described in further detail below.
The proposed transaction relates toan acquisition (that otherwise meets the Act's jurisdictional thresholds, 15U.S.C. 18a(a)), of several assisted living facilities that operate underseparate licenses from various state licensing agencies. There are no medicalfacilities or skilled nursing facilities on the premises. There are no doctorson the staff. The assisted living facilities do have staff on location whoseresponsibilities include supervision of assistance with daily living, themanagement and administration of medication, and responding to emergencysituations.
Based on the facts described above,you concluded that the transaction did fall within the 802.2(d) exemption. Wediscussed that if there were medical facilities or skilled nursing facilitieson the premises, that those assets would have to be separately valued andsubject to the Act's size-of-the-transaction test, 15 U.S.C. 18a(a)(2).
I would appreciate if you couldconfirm that I have accurately recounted our conversation. If I have in any waymisstated our conversation, please let me know so that I can correct therecord.
Thank you in advance for assisting me in this matter.