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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Displaying 141 - 160 of 3944

1302002 Informal Interpretation

Staff:
Michael Verne
Rule:
801.13

Response/Comments

Because the stock purchase agreement is not a certainty, you would not aggregate the value of the voting securities with the value of the exclusive portion of the license at the time of entering into...

1301011 Informal Interpretation

Staff:
Michael Verne
Rule:
Form Items 4(c) and 4(d)

Response/Comments

Our take is that if the 4(c) and (d) documents that were created in connection with the old transaction are used by officers or directors to analyze the new transaction, they would be responsive. The...

1301010 Informal Interpretation

Staff:
Michael Verne
Rule:
802.4, 802.50, 802.51, 801.15(d)

Response/Comments

Proper analysis: 1. Under 802.51 /802.50 - determine total US assets of all of the foreign issuers. Determine total US sales of all foreign issuers and foreign assets (aggregated under 801.15(d)). If...

1301005 Informal Interpretation

Staff:
Michael Verne
Rule:
801.4

Response/Comments

We take the position that the only secondary acquisitions you have to look at in a consolidation is when both parties hold minority positions in the same issuer. We think that makes sense because...

1301003 Informal Interpretation

Staff:
Michael Verne
Rule:
802.3, 802.4

Response/Comments

1. I agree that the equipment and machinery being used on the leased property constitutes associated exploration or production assets. 2. Y would need to do a fair market value to determine if the...

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