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HSR Informal Interpretations

9405010 Informal Interpretation

… 1994 Hy David Rubenstein, Esquire Premerger Notification Office Bureau of Competition, Room 303 Federal Trade Commission Sixth … of general specifications of a new type of widget. Each party would independently implement these general …
Date
Rule
801.40
See below 5/31 Called writer; Step 1 is formation of a non-corp - not reportable
HSR Informal Interpretations

9405011 Informal Interpretation

… May 26, 1994 Richard B. Smith, Esq. Premerger Notification Office Bureau of Competition Federal Trade Commission Sixth Street and … person. The acquisition price will consists of a cash payment of $14 million, a note in the principal amount of $2 …
Date
Rule
7A(c)(1); 802.1(b); 801.15
5/26/94 - advised writer that his conclusion was correct. (Redacted) are "realty", and payments for such can be subtracted from acquisition price under 801.15 reference to 7A(c)(1). Remaining assets...
Cases and Proceedings

Orkin Exterminating Company, Inc.

… Orkin Exterminating Company, Inc. Orkin Exterminating Company, Inc. Federal Trade Commission Decisions, Volume 117, Page 747 … Orkin Exterminating Company, Inc. …

Federal Trade Commission Decisions, Volume 117, Page 747

Type of Action
Federal
Last Updated
HSR Informal Interpretations

9405009 Informal Interpretation

… 326-2050 Federal Trade Commission Premerger Notification Office Washington, DC 20580 Attention: Melea Epps (Room 309) Re: Determination of Acquisition Price in an Assumption Reinsurance … for a reinsurance premium, to indemnify an insurance company against all or a portion of the liability underlying …
Date
Rule
801.10(c)(2)
See below 5/23/94 Discussed w/PS, who concurred that the letter correctly states current PNO policy. I called and informed (redacted) on 5/23/94 -
HSR Informal Interpretations

9405006 Informal Interpretation

… 9405006 Informal Interpretation VIA HAND DELIVERY Mr. Patrick Sharpe Compliance Specialist Federal Trade Commission Bureau of Competition Pre-Merger Notification Office Room 301 6th and Pennsylvania Aves., N.W. Washington, …
Date
Rule
801.11(e); 802.20
No response provided.
HSR Informal Interpretations

9405007 Informal Interpretation

… BY HAND Richard B. Smith, Esquire Premerger Notification Office Bureau of Competition, Room 303 Federal Trade Commission Sixth St. … A, a publicly traded corporation and its own ultimate parent entity, has a fiscal year ending on May 31. Its most …
Date
Rule
801.11(c)(2)
See below 5/18/94 Advised writer that PMN Office agreed with his conclusion. (Discussed with John Sipple who concurred in conclusion). R.B. Smith
HSR Informal Interpretations

9405008 Informal Interpretation

… 18, 1994 Richard B. Smith, Esquire Premerger Notification Office Federal Trade Commission Washington, DC 20580 Dear Dick: The purpose of this letter is to confirm certain advice which you gave … the time of the closing of the asset purchase, it is anticipated that the seller will have discharged any …
Date
Rule
801.10(c)(2)
See below 5/17/94 Advised writer that I disagreed with his conclusion. Estimated future health care cost reimbursement amounts must be included as a liability assumed by the buyer and must, therefore...
Policy Statements

Enforcement Policy Statement on Food Advertising

… Content Claims A.  Claims Describing the Absolute and Comparative Nutrient Content of Foods Absolute Nutrient Content Claims Comparative Nutrient Content Claims Synonyms for Nutrient …
Date
I. Introduction II. Legal Framework for Commission Action III. Nutrient Content Claims A. Claims Describing the Absolute and Comparative Nutrient Content of Foods Absolute Nutrient Content Claims...
HSR Informal Interpretations

9405003 Informal Interpretation

… Dear Mr. Smith: We are writing to confirm our phone call of May 5, 1994 regarding (i) the applicability of the pre-merger notification tests in the context of an acquisition by a limited partnership which has as its ownership structure partnership …
Date
Rule
801.1(b); 802.63; 7A(c)(11)
See below 5/6/94 Writer advises that lender meets ordinary course of business requirement of 802.63. Also that partnership has been set up in the described manner for tax reasons and not for avoidance...
HSR Informal Interpretations

9405004 Informal Interpretation

… Informal Interpretation RECEIPT STAMPED: May 9, 1994 Mr. Patrick Sharpe Compliance Specialist Premerger Notification Office Bureau of Competition Room 303 Federal Trade Commission Washington, …
Date
Rule
802.51
See below 5/6/94 Writer advises that lender meets ordinary course of business requirement of 802.63. Also that partnership has been set up in the described manner for tax reasons and not for avoidance...
HSR Informal Interpretations

9405002 Informal Interpretation

… 9405002 Informal Interpretation VIA HAND DELIVERY Mr. Patrick Sharpe Compliance Specialist Federal Trade Commission Pre-Merger Notification Office 6th and Pennsylvania Avenues, N.W. Room 301 … so long as that entity is already conducting its business affairs consistent with those activities typically …
Date
Rule
802.1
See below
HSR Informal Interpretations

9405012 Informal Interpretation

… FACSIMILE Hy David Rubenstein, Esq. Premerger Notification Office Federal Trade Commission 6th and Pennsylvania Avenue, … and development activities geared toward development of the general specifications of a new type of widget. Each party would independently implement these general …
Date
Rule
801.40
(note #1 - formation of partnership or joint venture (not a corp.). Called writer; step 1 is a formation of a non-corp. - not reportable.
HSR Informal Interpretations

9405014 Informal Interpretation

… Informal Interpretation May 27, 1994 Via Hand Delivery Mr. Patrick Sharpe Compliance Specialist Federal Trade Commission Bureau of Competition Pre-Merger Notification Office Room 301 6th and Pennsylvania Aves., N.W. Washington, …
Date
Rule
801.1(a)(2); 801.11(e); 7A(c)(4)
Contacted (redacted). I concur with this letter. RS concurs. Note #1 - Does this trustmeet the test on page 1 as an agency of the state? Yes.
HSR Informal Interpretations

9405001 Informal Interpretation

… Informal Interpretation May 2, 1994 Premerger Notification Office Room 303 Federal Trade Commission Washington, DC 20580 ATTN: Nancy Ovuka Re: Request for Confirmation of Informal Interpretation Dear Ms. Ovuka: This letter will … need be filed. In connection with a recapitalization of Company A, convertible voting preferred stock (the Preferred …
Date
Rule
801.1(f)(2); 802.31
See below
HSR Informal Interpretations

9404003 Informal Interpretation

… B. Smith, Esq. Senior Attorney Premerger Notification Office Federal Trade Commission 6th and Pennsylvania Avenue, … Antitrust Improvements Act. In consideration of the transaction, please assume that the size-of-person … would involve  the acquisition of machinery, equipment, spare parts, customer list, business records, trademarks and …
Date
Rule
801.10(b)
See below 4/13/94 Advised writer that PMN Office agreed with his conclusion and that the sales agency agreement need not be considered in determining the acquisition price. R.B. Smith
Cases and Proceedings

Archer Daniels Midland Company

… Archer Daniels Midland Company Archer Daniels Midland Company Federal Trade Commission Decisions, Volume 117, Page 403 … Archer Daniels Midland Company …

Federal Trade Commission Decisions, Volume 117, Page 403

Type of Action
Federal
Last Updated
FTC Matter/File Number
C-3492
HSR Informal Interpretations

9404001 Informal Interpretation

… 1994 VIA FACSIMILE (202) 326-2050 Pre-Merger Notification Office Bureau of Competition Room 303 Federal Trade Commission Sixth … Dear Mr. Smith: We are counsel for (redacted) and in that capacity are writing to seek your confirmation of our …
Date
Rule
7A(c)(1)
See below
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