Sent: Monday, April 23, 2012 2:55 PM
To: Verne, B. Michael
Subject: Further Question
I was thinking further about our exchange this morning about an LLC owned by a federally recognized Indian tribe being an "entity" within the HSR definition although the Indian tribe itself would not fall within the exemption. I don't see anything precluding the LLC, being newly established, relying on 801.11(e) in its first acquisition when it does not have a balance sheet. Do you agree?