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Date

Tags:

Rule
803.5
Staff
Sam Sheinberg
Response/Comments

Yes, this is fine.

Question

Yes, this is fine.

From: [Redacted]


Sent: Wednesday, July 4, 2018 8:18:06 PM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Subject: Affidavit and Certification (Urgent)

Dear PNO Staff:

I have an HSR filing that will be going out very soon and have a fairly urgent question about the signatory for the affidavit and certification pages.

A venture capital fund (Blue Fund LP) will be making an HSR filing as an acquiring person. According to § 803.6(a)(1), the notification must be certified, “[i]n the case of a partnership, by any general partner thereof.” Blue GP LLC is the general partner of Blue Fund LP. Blue GP LLC has given the authority to execute documents on behalf of Blue GP LLC to the General Counsel of Blue Corp., a management services company that provides back office functions for Blue GP LLC. Please confirm that the General Counsel may sign the certification and affidavit as attorney-in-fact for Blue GP with respect to the HSR filing for Blue Fund LP.

 

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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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