1301006 Informal Interpretation

Date:
Rule:
803.5(a)
Staff:
Michael Verne
Response/Comments:

  The condition does not have to be satisfied as long as a conditional intent has been publicly announced. K Walsh concurs.

Question

From:

(Redacted)

Sent:

Tuesday, January 08, 2013 7:32 PM

To:

Verne, B. Michael

Subject:

Tender Offer Intent

If abuyer intends to launch a tender offer and has publicly announced its intentionto do so once a condition is satisfied, does that announcement suffice for afiling or must one wait for the condition to be satisfied? I know if there areconditions to consummation, that is not an obstacle but was not sure if thesame approach applied to conditions to commencement.

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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