Question
From:
(redacted)
Sent:
Thursday, May 21 , 2009 12:52 PM
To:
Verne, B. Michael
Subject: Question reAffidavits
Mike,
I have a questionregarding the form of affidavit required of the acquired person in an acquisition of non-corporateinterests from third parties.
Such an acquisitiondoes not appear to be subject to 801.30 because non-corporate interests rather than"voting securities" are being acquired. If so, this would mean an803.5(a) affidavit would not apply.
The acquired person,however, is not a party to a purchase agreement (although in this case it isaware of the agreement). Should it nevertheless submit an 803.5(b) affidavit?