Question
Verne, B. Michael
From: (REDACTED)
Sent: Monday, July 07, 2008 2:35 PM
To: Verne, B. Michael
Mike:
I have a question (or two) that I hope youcan help me with.
I represent a company (A) that owns 50% ofthe voting securities of a joint venture (C). The other 50% of the voting securitiesof C are owned by Company B. A intends to sell its shares of C to Company X.Because C is included within both A and B, do both A and B need to file HSRnotifications as "acquired persons" (assuming all jurisdictionalrequirements are met) even though B has absolutely nothing to do with thetransaction? That is the result I get looking at the rules, but it seems veryburdensome to Company B.
All of the entities in the transaction, A,B, C, and X, are foreign persons. Assuming that both A and B would be requiredto file as "acquired persons" (subject to any exemption) should the802.51 (c) exemption be analyzed separately for A and B?
Thanks for your assistance.