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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8806010 Informal Interpretation

Staff:
John Sipple
Rule:
801.1(b); 801.1(c)

Response/Comments

After further discussion with parties, the parties were advised that notification was not necessary if the Partnership A did indeed become a less than 50% holder of (redacted) as a result of the...

8805006 Informal Interpretation

Staff:
Patrick Sharpe
Rule:
801.11(e); 801.40

Response/Comments

There are three separate transactions for purposes of determining size of Holding Company according to Section 801.40 of the rules, Holding company is a $340.0 MM dollar person not a $90.0 MM dollar...

8804007 Informal Interpretation

Staff:
Patrick Sharp
Rule:
801.10

Response/Comments

Question: Does the $14.7 mm allocated to warehouse space include a portion of the $14 mm assumption of the mortgage? Yes, the $14.7 mm acquisition price includes cash and the assumption of a portion...

8804010 Informal Interpretation

Staff:
Wayne Kaplan
Rule:
802.50

Response/Comments

The letter ignores the question of the indirect acquisition of the U.S. sub (redacted) which may be reportable if its V-3 are $15.0 MM in value. Otherwise the transaction is non-reportable pursuant...

8804001 Informal Interpretation

Staff:
Wayne Kaplan
Rule:
801.40; 801.1(b)

Response/Comments

Confirmed that the 1987 amendment to the control rule did not change the position in §801.40, i.e., that the formation of noncorporate joint ventures are not reportable. Facts in this case however,...

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