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Date
Rule
802.51
Staff
Michael Verne
Response/Comments
If acquiring person is foreign, an acquisition of less than % of the voting securities of any JV is non-reportable. If a controlling interest is being acquired or the acquiring person is U.S., each JV must be analyzed to determine whether the limitations of 802.51 are exceeded.

Question

From: (redacted)
Sent: Monday, January 27, 2003 8:49 AM
To: Michael Verne
Subject: HSR Question

I have a client that is US based, but whose subs hold no assets except stock in joint ventures that are all located outside of the US. The parent is in bankruptcy in the US and plans to sell off all its subs jv interests. I would imagine the analysis will depend in part on whether the purchasing entities are US based or not. Are there any other particular considerations here?

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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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