Concur with all 4 points
February 8, 1983
VIA FEDERAL EXPRESS
Mr. Patrick Sharpe
Pre-Merger Notification Office
Bureau of Competition
Federal Trade Commission
Washington, D.C. 20580
Re:Antitrust Improvement Act Notification and Report Form
(The Form) - Item 7(c)(iv)
Dear Mr. Sharpe:
This letter will serve to set forth my understanding of you
responses to several question discussed by, with respect to
Item 7(c)(iv) of the Form.
Item 7(c)(iv) requires that the filing party must provide
the address, arranged by state, county and city or town, of each
establishment (within the SIC major groups 52-62 and 64-89)
from which it derived dollar revenue in the most recent year,
if any other party to the acquisition also derived dollar
revenue from an establishment within the same SIC major group.
For purposes of the Form, an establishment is defined as any
retail location, location where services are offered or
rendered, or other business location from which dollar revenues
were derived. Fed. Reg. Vol. 43, No. 147, July 31, 1978.
Pursuant to our conversation, it is my understanding that
the following are not establishment which must be reported
under Item 7(c)(iv) of the Form:
1. Properties in which the filing person holds only a
security interest, evidenced by a mortgage, deed of
trust, or similar security instruments;
2. Individual properties owned by companies in which the
filing party holds less than a 50 percent interest;
3. Individual properties owned by limited partnerships in
which the filing party has a general partnership
interest but not a majority equity interest; and
4. Properties which are managed but not owned by the
filing party (these properties are to be distinguished
from the location of the filing partys establishment
which [provides the management services).
Please acknowledge you concurrence with my understanding of
the requirements of the Form, if such is the case, by signing
and returning the enclosed copy of this letter. In the event
that may of the above does not accurately represent the
requirements of the Form, please advise of the modifications
which you believe to be appropriate.
Your assistance in this matter is greatly appreciated, and
if you should have any questions, please contact me.