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 221 - 240 of 3944

1206005 Informal Interpretation

Staff:
Michael Verne
Rule:
801.1(b)

Response/Comments

– Protector is UPE. K Walsh concurs. I've run into trust protectors before, but not where the settlor can remove and replace the protector and the protector can remove and replace the trustee. I...

1205016 Informal Interpretation

Staff:
Michael Verne
Rule:
802.4

Response/Comments

- I agree with your analysis The buyer needs to take into account the intangibles when doing a FMV. The acquisition is of an ongoing business, so these intangibles add value to the business. K Walsh...

1205015 Informal Interpretation

Staff:
Michael Verne
Rule:
Form Item 4(c)

Response/Comments

1. We have drawn a bright line on drafts submitted to the entire board of the person filing notification or the entire board of a sub (probably the acquisition vehicle), not a single director. Also...

1205015 Informal Interpretation

Staff:
Michael Verne
Rule:
Form Item 4(c)

Response/Comments

1. We have drawn a bright line on drafts submitted to the entire board of the person filing notification or the entire board of a sub (probably the acquisition vehicle), not a single director. Also...

1205016 Informal Interpretation

Staff:
Michael Verne
Rule:
802.4

Response/Comments

- I agree with your analysis The buyer needs to take into account the intangibles when doing a FMV. The acquisition is of an ongoing business, so these intangibles add value to the business. K Walsh...

1205013 Informal Interpretation

Staff:
Michael Verne
Rule:
Form Item 4(c), Item 4(d)

Response/Comments

- If a document is responsive to both just list it once in 4(c). You can footnote the fact that it is also responsive to 4(d) if you wish. Only provide one copy of the document.

1205014 Informal Interpretation

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

Response/Comments

- We think this falls squarely under Item 4(d)(ii), assuming it is not over a year old. If it is older than one year, even though it is arguably not responsive to 4(c) because there was no deal on...

1205014 Informal Interpretation

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

Response/Comments

- We think this falls squarely under Item 4(d)(ii), assuming it is not over a year old. If it is older than one year, even though it is arguably not responsive to 4(c) because there was no deal on...

1205013 Informal Interpretation

Staff:
Michael Verne
Rule:
Form Item 4(c), Item 4(d)

Response/Comments

- If a document is responsive to both just list it once in 4(c). You can footnote the fact that it is also responsive to 4(d) if you wish. Only provide one copy of the document.

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