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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8504004 Informal Interpretation

Staff:
Patrick Sharpe
Rule:
802.20; 801.1(f)

Response/Comments

Comment: The initial transaction is exempt (32% of v/s) under Section 802.20. The option is reported if and when it is exercised. Although it is one part ofBeneficial ownership, that is the right to...

8609011 Informal Interpretation

Staff:
Dana Abrahamsen
Rule:
801.10

Response/Comments

Upon later review it appears that the facts are incomplete. Although subleases may not involve acquisitions of assets, a lease acquisition may be an asset acquisition where the landlord releases the...

8504014 Informal Interpretation

Staff:
Dana Abrahamsen
Rule:
801.11(e)

Response/Comments

Reviewed 3/10/87 LAH Incorrect that Ptp has no assets until makes acquisition. total assets (assuming no bal. sheet) include all assets held at acq’n, less cash used as consideration & v/s of...

8611013 Informal Interpretation

Staff:
Patrick Sharpe
Rule:
802. 1 (a)

Response/Comments

I concur per phone call 11/25/86 Upon later review it appears that this is an incorrect interpretation. This appears to be an acquisition of a home builder company and not an acquisition of an exempt...

8506002 Informal Interpretation

Staff:
Wayne Kaplan
Rule:
801.1(a)(2)

Response/Comments

The issue of which entities within a religious organization engaged in businessactivities must file is still being considered. Advice is given in each situation basedupon the individual facts of that...

8408004 Informal Interpretation

Staff:
Patricia Foster
Rule:
802.20(b)

Response/Comments

Upon later review it appears that the voting securities acquisition is exempt under 802.20 as indicated, and, though there is a contract to appoint the majority of the board, entering into such a...

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