1107005 Informal Interpretation

Date:
Rule:
Item 4(d)(ii)
Staff:
Michael Verne
Response/Comments:

  – Yes. KW concurs.

Question

From: (Redacted)
Sent: Monday, July 18, 2011 7:04 PM
To: Verne,B. Michael; Walsh, Kathryn
Subject: Item 4(d)(ii)

Mikeand Kate:

Inorder for a document to be responsive under 4(d)(ii), it must"specifically relate to the sale of the acquired entity(s) orassets." I believe that this means that a third advisor's report oncompetition in the relevant industry would not be responsive if it does notmention the possibility of the sale of the acquired entity (because the reportwas prepared for a different purpose). Is this correct?

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