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06/13/2008 1. If never seen by an officer/director they are not 4(c) 2. If shared with buyer they do not become 4(c) documents of seller but may be for buyer 3. Analysis is the same -they are still...

Agree.

UPDATE June 1, 2018: This no longer represents the position of the PNO. Agree.

06/12/2008 – Agree.

I think both scenarios should be treated as a formation followed by the acquisition of 80% of B for cash. I agree that both steps in either scenario would be exempt. This doesn't look like a...

a. The assets of M and New LLC would be determined as of a time immediately prior to the transaction, not April 30, 2008. b. There is no basis for excluding the cash to be used for the acquisition...