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Date
Rule
801.11
Staff
Dick Smith
File Number
9103012
Response/Comments
3/6/91-Advised (redacted) that, assuming the sub-lease transaction is reportable neither the acquiring person (redacted) nor the acquired person (redacted) meet the $100 MM size ofperson test. As such, no reportable transaction between such parties can take place. Thefinancials are less than 15 months old prior to the date on which the proposed acquisitionwill take place.

Question

(redacted)

March 25, 1991


Dick Smith
Premerger Notification Office
Bureau of Competition
Federal Trade Commission
6th & Pennsylvania Avenue, NW
Room 303
Washington, D.C. 20580

Re:Supplement to request for informal interpretations under the Hart-Scott-Rodino Antitrust Improvement Act of 1976 and the regulations thereunder


Dear Mr. Smith:


Per your telephone call to me regarding our letter dated March 22, 1991, enclosed please find a copy of page 2 of the (redacted) financial statements showing the asset side of the balance sheet that you said was missing. This page is obviously subject to the Attorneys Note to Financial Statements of (redacted) appended to our March 22, 1991 letter to you.

With regard to your other questions, the accountants have advised me that the personal financial statements also include (redacted) property. Also, (redacted) was recently formed to own (redacted) that has been purchased and may in the future generate net sales by the leasing thereof and maintenance operations. These sales can be expected to be less than $5,000,000 per year for the time being. (Redacted) only holds land for the time being and does not generate net sales.


Regarding your inquiry as to whether (redacted) are controlled by any other person within the meaning of the regulations, we have determined that they are not.


If any further information is required, please do not hesitate to contact me.


Very truly yours,


(redacted)


(redacted)

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

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