Question
From: (redacted)
Sent: Monday, April 21, 2008 10:23 PM
To: Verne, B. Michael
Subject: Circumstances under which new filing fee is required
Hi Mike-
Issue 1: A agrees to acquire B for $99 million. A and B file their HSR forms. Before the waiting period has expired, A agrees to increase the purchase price to $120 million. I assume that no additional notification is required, but please confirm.
Issue 2: Same facts as above, but before the waiting period has expired, A agrees to increase the purchase price to $140 million. Does A need to re-file and pay an additional $80,000? Is the answer the same if the waiting period has already expired?
(Informal Opinion No. 01021001, in the form of an email dated 02/01/2002, indicates that it might touch on this issue, but all I could see on the website is the email, with a note at the bottom stating "See Attached Response." I could not see the attached response or any notes concerning the response.)
Many thanks,