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.

Learn more about Informal Interpretations.

Displaying 41 - 60 of 3929

1403011 Informal Interpretation

Staff:
Michael Verne
Rule:
802.9

Response/Comments

All four of these are inconsistent with 802.9. We have set a bright line that holding more than 10% of a competitor either by the target (of a competitor of the acquiring person) or the acquiring...

1403009 Informal Interpretation

Staff:
Michael Verne
Rule:
Form Item 5

Response/Comments

1. The revenues from graphic design services that are provided outside of the US would not be reported in Item 5 even if the customer is located in the US. 2. Non-manufacturing revenues derived from...

1403005 Informal Interpretation

Staff:
Michael Verne
Rule:
802.3

Response/Comments

If it is a 55% undivided interest in the reserves, you would look at 55% of the value of the total reserves. If it is a 55% interest in an entity that holds the reserves: you would be under §802.4,...

1403002 Informal Interpretation

Staff:
Michael Verne
Rule:
801.15, 802.30

Response/Comments

This is exactly what we were addressing when we amended §801.15 to include §802.30 as an add-on to the form change rulemaking: The amendment to the aggregation rules in §801.15 would eliminate the...

1403003 Informal Interpretation

Staff:
Michael Verne
Rule:
801.15, 802.30

Response/Comments

This is exactly what we were addressing when we amended §801.15 to include §802.30 as an add-on to the form change rulemaking: The amendment to the aggregation rules in §801.15 would eliminate the...

1403001 Informal Interpretation

Staff:
Michael Verne
Rule:
801.1, 802.71

Response/Comments

1. We have been fine with annuity payments of cash from a GRAT to the settlor. That is not really a distribution of the corpus of the trust, but a distribution of the revenue stream generated by the...

1402002 Informal Interpretation

Staff:
Michael Verne
Rule:
801.1

Response/Comments

Issue 1: - If not same day, he can use T+3 to sell the shares - Gift to the trust would not be held by the trust if husband can on his own remove and replace the trustee (wife is deceased) - If both...

1401004 Informal Interpretation

Staff:
Michael Verne
Rule:
801.2

Response/Comments

We agree that neither the distribution agreement (with exclusive trademark license within the territory) for the (REDACTED) products or the third party products are reportable. The warehouses and...

1401005 Informal Interpretation

Staff:
Michael Verne
Rule:
801.2

Response/Comments

1. Mr. X will know months in advance of the vesting date whether the performance goals have been met. Further, presumably he knows whether he intends to remain an officer of the company through the...

1401006 Informal Interpretation

Staff:
Michael Verne
Rule:
801.1(c)

Response/Comments

Here is our current position on swaps: Various scenarios involving swaps: .Cash settled swaps are never a problem because the investor never receives any stock. He is essentially making a cash bet on...

1401003 Informal Interpretation

Staff:
Michael Verne
Rule:
802.5

Response/Comments

The exemption clearly says that the property must be property currently rented, or property held for rent but not currently rented. All of it is currently being used internally by the seller, so the...

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