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HSR Informal Interpretations

8504018 Informal Interpretation

… (probably eight months), Buyer will pay Seller an amount in cash equal to a portion (probably one-third) of this …
Date
Rule
7A(c)(1)
See Comments in body of letter. I called (redacted) on 5/7/85 and informed him the letter was OK subject to our concern regarding the legitimacy of the alleged business reasons. (redacted) stated he...
Advocacy Filings

FTC Comment to the Hon. Strom Thurmond Concerning S. 473 to Amend the Clayton Act to Temporarily Prohibit Hostile Corporate Takeovers of Domestic Petroleum Companies

… Prohibit Hostile Corporate Takeovers of Domestic Petroleum Companies Enviado por wfg-adm109 el Mié, 01/05/1985 - 00:00 … Prohibit Hostile Corporate Takeovers of Domestic Petroleum Companies Advocacy Filing … FTC Comment to the Hon. Strom … Prohibit Hostile Corporate Takeovers of Domestic Petroleum Companies …
Date
Matter Number
P854651
HSR Informal Interpretations

8503002 Informal Interpretation

… is correct. FACTS (redacted) are both mutual insurance companies. That is to say, they do not have stockholders. … Respective analyses prepared on behalf of these two companies indicate that the most effective way to accomplish …
Date
Rule
802.20
I informed (redacted) that I agree on basis of either joint venture analysis or voting securities of issuer within a person analysis. Either results in § 802.20 exemption. 3/20/85 Wayne Kaplan
HSR Informal Interpretations

8503003 Informal Interpretation

… prepared balance sheet or income statement) money (i.e., cash or its equivalent) contributed to or borrowed by or on …
Date
Rule
801.1 (b); 801.11
I notified (redacted) on 3/18/85 that the letter is accurate as far as it goes. Inaddition, there must not be any intent to structure the transaction to avoid a filing(i.e. 801.90 avoidance).
HSR Informal Interpretations

8503001 Informal Interpretation

… (redacted) and is in the process of developing a third more advanced (redacted) that (redacted) fro which it has … will be less than $15 million, payable $10 million in cash and the balance in a loan. Through its acquisition of a …
Date
Rule
801.40; 802.50; 802.51
No written comments
HSR Informal Interpretations

8502006 Informal Interpretation

… (redacted) assets subject to (redacted) liabilities. The cash consideration to be paid by (redacted) (which is not …
Date
Rule
801.10; 802.20
Note: It has not been determined that the cooperative share is a voting security. amerger normally means an acquisition of all of the v/s. However, this may or may not be one of the exceptions. It is...
HSR Informal Interpretations

8502012 Informal Interpretation

… from institutional lenders under Xs guarantee. X will make cash contributions to the (redacted) over a period of years …
Date
Rule
802.30
Not exempt under 802.30 must file. Wayne, Kaplan, Andy, Suzzanne & Danaconcur. called (redacted) 2-26-85. This transaction is not exempt under 802.30and you must file if it meets the size requirements...
HSR Informal Interpretations

8501001 Informal Interpretation

… the contemplated transactions(s), we wish to thank you, in advance, for your kind and early consideration of this …
Date
Rule
802.1; 802.2
Are they buying this retail space to operate or as an investment? They are buyingthese rental building in order to resell as condominiums. Who is making theacquisition? We are not sure yet. Perhaps a...
HSR Informal Interpretations

8412003 Informal Interpretation

… that the music publishing business of the (redacted) of companies will be acquired by a new corporation (New Co.) …
Date
Rule
801.40; 802.20
12/6/84 (redacted) 2d letter. Pg1 1. Refers to acquisitions plural – if so newly formed entity rule will not protect 2d etc acquisitions Pg2 2. refers to several sellers – if they are outside. Pg3 3...
HSR Informal Interpretations

8412006 Informal Interpretation

… the mergers described herein will consist in each case of cash of not more than $1,000. Corporation B, which will … completed. Corporations A, B And C are each publicly held companies, and are each ultimate parent entities within the …
Date
Rule
801.11
But must consolidate unconsolidated cos [indecipherable]. A [indecipherable].
HSR Informal Interpretations

8412002 Informal Interpretation

… will acquire the (redacted) business of the (redacted) of companies ((redacted) in transactions (the Acquisitions)* to … of Subordinated Debt will acquire the debentures for cash. On the basis of such facts, we respectfully request … which are the subject of the Acquisitions***** for cash or cash equivalents, then the amount of cash and cash …
Date
Rule
801.40; 802.20
Comments in body of letter only (See below)
HSR Informal Interpretations

8411008 Informal Interpretation

… to the key officers and employees of C Corp. without cash consideration. Immediately following the formation of C …
Date
Rule
801.40; 802.20; 801.11
See attached note re [indecipherable] of advice transmitted by telephone to(redacted) on 11/30. [Indecipherable] and by W.E.K. on 11/26/84. The fact thatB is making loans and guarantees to the newly...
HSR Informal Interpretations

8411005 Informal Interpretation

… *** False. 801.40(c) assets include anything advanced by a lender. See Axinn pg 472 3.Assuming that the … securities which are the subject of the Acquisitions for cash or cash equivalents, then the amount of cash and cash …
Date
Rule
801.40
Comments in body of letter only(see below)
HSR Informal Interpretations

8410003 Informal Interpretation

… agreement, this amount is payable $17,000,0000 [sic] in cash and $7,250,000 by promissory notes due in five years. … circumstances, which are expected to occur, the amount of cash may be reduced with a corresponding increase in the … amount of this loan will likely be reduced if the amount of cash required to be paid at closing is reduced.) The bank …
Date
Rule
801.11(e)
No written comments
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