1. Yes, the request for early termination can be made in the cover letter accompanying the refiling. Please call out that a change is being made from the original filing.
2. Yes, the refiled form should reflect the new request for early termination.
Question
From: Six, Anne
Sent: Monday, November 25, 2019 1:39:44 PM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: [Redacted]
Subject: RE: Pull and Refile + Early Termination
[Redacted]
1. Yes, the request for early termination can be made in the cover letter accompanying the refiling. Please call out that a change is being made from the original filing.
2. Yes, the refiled form should reflect the new request for early termination.
From: [Redacted]
Sent: Monday, November 25, 2019 11:04:46 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Subject: Pull and Refile + Early Termination
My understanding is that a party may request early termination at any time. However, I have two questions about how an acquirer should go about requesting early termination when it is pulling and refiling but its initial filing did not include a request for early termination.
- I understand that a letter or email needs to be sent to both PNO and DOJ to request early termination after submitting a filing, but in the case of a pull and refile, can that notice of the change to early termination be in the cover letter accompanying the refiling, or does it need to be in a separate letter or email (solely about the request for early termination)?
- Should the refiled form include the change for the request for early termination (i.e., a change from “NO” in the initial form to “YES” in the refiled form)?