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.
Displaying 481 - 500 of 4469
Date
Rule
803.5(a)
Sending an 803.5(a) notice letter via Federal Express with confirmation of receipt is acceptable.
File
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(44.96 KB)
Date
Rule
802.2(c)
For purposes of 802.2(c), "total revenues" are net sales/net revenues, not net income.
File
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(102.58 KB)
Date
Rule
802.4, 802.50
Parent A's side of the formation is exempt. For purposes of 802.50, Company A's sales for services provided in the US should be attributed to the US assets. The cost of sales cannot be excluded.
File
Original Image
(198.31 KB)
Date
Rule
802.50
Whether a satellite is considered to be located in or outside the United States turns on whether its owner qualifies as a ‘foreign person’ under Section 801.1(e)(2)(i). If its owner qualifies as a...
File
Original Image
(211.29 KB)
Date
Rule
802.51, 802.4, 802.50
The acquisition of the 50% interest in the JV is exempt under 802.51. 802.4 may apply if the 50% interest in the JV was not being distributed.
File
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(56.24 KB)
Date
Rule
802.50, Item 5
For purposes of 802.50, a non-US patent is an asset located outside the US and does not generate sales in/into the US.
File
Original Image
(68.76 KB)
Date
Rule
Form Item 7(c)(iv)
If the information is readily available, it should be provided along with an explanatory footnote.
File
Original Image File
(55.8 KB)
Date
Rule
801.1(o), 801.2(g)
If there is a specific term after which the rights under the exclusive license revert to the licensor, there is nothing reportable if that normal termination occurs. If, however, the agreement is...
File
Original Image
(912.84 KB)
Date
Rule
803.5(a)(2)
Yes, that press release will be enough - see #218 in the n ew PNPM . An 8-K is also sufficient to meet the requirement.
File
Original Image File
(90.46 KB)
Date
Rule
Form Item 4(c) and 4(d)(ii)
These are responsive to Item 4dii,assuming they are a year old or newer. If they are older than one year, even though they are arguably not responsive to Item 4c because there was no deal on the table...
File
Original Image File
(94.03 KB)
Date
Rule
802.5
Doing the leas i ng d i rectly to w i reless services prov i ders is enough to be in the business fo r ou r purposes. Thus, 802.5 does not apply
File
Original Image File
(80.75 KB)
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Rule
802.5
Doing the leasing directly to wireless services prov i ders is enough to be in the business for our purposes . Indeed, that means the seller is also in the business . Both of these r easons mean the...
File
Original Image File
(243.75 KB)
Date
Rule
Form Item 4c
UPDATE July 7, 2016: In addition to the files of Newco officers/directors or people slated for those roles, people acting as officers/directors should also be searched. You need not provide any...
File
Original Image File
(196.99 KB)
Date
Rule
802.50 / 802.51 / 801.11(c) Revenues Question
You use the last fiscal year , whether or not they have been fina l ized i nto annual statements or not . So if the fisca l year ends tomorrow, that ' s the relevant year .
File
Original Image File
(90.49 KB)
Date
Rule
802.2(c)
Any production mach i nery or equipme n t is not exempt under 802 . 2c an d must be separately valued . We agree that the non-machinery / equipment portion of the ethylene p l ant (as you describe...
File
Original Image File
(916.2 KB)
Date
Rule
801.10 - Question re: Tax Payment
We agree with you. That older interpretation is out of date and incorrect ( on the 338(h)(10) issue).
File
Original Image File
(84.38 KB)
Date
Rule
NPV discount rate
Because your contingent earn out payment is reasonably est i mable, it is treated like a fixed future payment (which may not be discounted to present value). If you had a non-estimable contingent...
File
Original Image File
(86.27 KB)
Date
Rule
802.50 and 805.51
You would aggregate the sales into the U.S. of only the foreign assets being acquired (not the sales into the U . S. of the foreign assets not being acquired) plus the total sales into the U.S . of...
File
Original Image File
(189.58 KB)
Displaying 481 - 500 of 4469