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HSR Informal Interpretations

9608006 Informal Interpretation

… 9608006 Informal Interpretation 9608006 Informal Interpretation (redacted) August 9, 1996 Premerger Notification Office Bureau of … holding all of the voting securities. Stockholders X and Y each hold an equal number of shares, which is the vast …
Date
Rule
801.1(b)(2)
8/12/96-Writer confirmed that the fifth director, nominated by the two directors appointed by X and the two appointed by Y, must then be elected to the board by the vote of X, Y and Z. I agreed with...
HSR Informal Interpretations

9608007 Informal Interpretation

… 9608007 Informal Interpretation 9608007 Informal Interpretation Formation: Manager is Member B and is related by the LLC. Payment for the Managers service …
Date
Rule
801.40
8/12/96-Called writer and left message that I agreed with his conclusion that no 801.40 filing was required for the formation of the subject LLC. RB Smith
HSR Informal Interpretations

9608004 Informal Interpretation

… 9608004 Informal Interpretation 9608004 Informal Interpretation (redacted) August 7, 1996 VIA UPS OVERNIGHT Premerger Notification Office … in (redacted) intend to form a venture to develop and market certain new technology involving (redacted) of …
Date
Rule
801.40
8/9/96-Advised writer that since only one person is deemed to be acquiring voting stock in the formation of the LLC noted above, no report was required and Section801.40 of the HSR rules. RB Smith
HSR Informal Interpretations

9608002 Informal Interpretation

… 9608002 Informal Interpretation 9608002 Informal Interpretation (redacted) August 5, 1996 VIA OVERNIGHT COURIER Premerger Notification … see 16 C.F.R. Section 803.30, arose is follows: Company A and Company B are each for-profit U.S. corporations with …
Date
Rule
801.40
8/6/96-Called writer and advised that no report was required for formation of LLC since persons serving on board of LLC will be officers, directors or employees of the respective forming persons...
HSR Informal Interpretations

9607020 Informal Interpretation

… 9607020 Informal Interpretation 9607020 Informal Interpretation … which exempts an acquisition of retail rental space...and assets incidental to ownership of retail rental … acquired in an acquisition of a business conducted on the real property. I stated that the acquiring lessee did not …
Date
Rule
802.2(h)
8/2/96 The writer advised that the certain fixtures referred to in three would include such items as lighting, carpeting, shelving ,etc. bought by the lessee and affixed to the realty for the lessees...
HSR Informal Interpretations

9608008 Informal Interpretation

… 9608008 Informal Interpretation 9608008 Informal Interpretation (redacted) Premerger Notification Office Bureau of Competition Federal Trade … Antitrust Improvements Act of 1976 (the Act) and regulations promulgated thereunder in connection with …
Date
Rule
801.40
Based on the fact as presented in this letter, the HSR filing is required. I called Writer on August 21, 1996 AV
HSR Informal Interpretations

9608009 Informal Interpretation

… 9608009 Informal Interpretation 9608009 Informal Interpretation (redacted) Premerger Notification Office Bureau of Competition Federal Trade … a limited liability company with the following management and ownership structure: Company A and Company B (the …
Date
Rule
801.40
None noted
HSR Informal Interpretations

9608011 Informal Interpretation

… 9608011 Informal Interpretation 9608011 Informal Interpretation … to whether a transaction would be subject to the reporting and waiting period requirements under the Hart-Scott-Rodino … The parties have chosen the LLC form independently of HSR considerations. The LLC will be governed by a Board of …
Date
Rule
801.40
Formation of a LLC is corporate in nature under 801.40 if it has a board of directors whose members are not limited to the forming persons. It does not matter that the board members of the LLC also...
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