Question
From: (Redacted)
Sent: Friday, March 05, 2010 11:39 AM
To: Verne, B. Michael
Subject:Aggregation Question
Hi,Mike:
One year ago, CompanyA acquired assets (in the form of an exclusive license) of Company B andsimultaneously purchased voting securities of Company B in the amount of $5mm.Companies A and B filed notification for these two transactions, aggregatedpursuant to 801.14, at the $50 mm (as adjusted) threshold. Now, Company Aintends to acquire additional voting securities of Company B which will resultin Company A holding in excess of $50 mm (as adjusted) but less than $100 mm(as adjusted) of voting securities of Company B. It is our understanding that801.21 permits this acquisition of additional voting securities with theneed for a new filing despite the fact that the previous HSR filing was bothfor assets and voting securities. Is this correct?