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Date

Tags:

Rule
801.10
Staff
Sam Sheinberg
Response/Comments

Yes, the payment of the pension debt can be excluded.

Question

Yes, the payment of the pension debt can be excluded.

From: [Redacted]


Sent: Tuesday, August 28, 2018 10:39:15 AM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Subject: Question re: Pension Liability

Good morning,

Company A is considering an acquisition of Company B. Company B has a substantial pension liability. The deal would be structured as a stock deal, and Company A would pay off Company B’s pension debt at closing (along with other debt). Would the payment of that pension debt at closing qualify for exclusion from the acquisition price for HSR purposes (as would, for example, company debt to a bank)?

 

 

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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