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HSR Informal Interpretations

9307004 Informal Interpretation

… 9307004 Informal Interpretation 9307004 Informal Interpretation July 14, 1993 Patrick Sharp Federal Trade Commission Premerger Office Six Pennsylvania Avenue Washington, D.C. 20580 … in a merger. B will become the wholly-owned subsidiary of A and the B stockholders will receive voting securities of A. …
Date
Rule
802.9
I am not an attorney. This scenario is not exempt under Section 802.9. Trustees are comparable to officers or directors of a corporation. Therefore, the trustees of B becoming directors of A is...
HSR Informal Interpretations

9307005 Informal Interpretation

… 9307005 Informal Interpretation 9307005 Informal Interpretation July 14, 1993 BY FAX Nancy Ovuka, Esq. Premerger Notification Office Federal Trade Commission Room 303 … which person is required to file a Premerger Notification and Report Form as an acquired person in connection with a …
Date
Rule
801.1(c) 801.2
Despite the fact that the leased assets are carried on the books of the lessee(redacted) (p.21), beneficial owership (sic) of the assets remains with the lessor(redacted). The (redacted) can buy the...
HSR Informal Interpretations

9307008 Informal Interpretation

… 9307008 Informal Interpretation 9307008 Informal Interpretation July … Bureau of Competition Federal Trade Commission Sixth Street and Pennsylvania Avenue Washington, D.C. 20580 Attn: Mr. … the New York Stock Exchange and the Company is presently in compliance with the qualification requirements for REITS …
Date
Rule
7A(c)(1)
None
HSR Informal Interpretations

9306007 Informal Interpretation

… 9306007 Informal Interpretation 9306007 Informal Interpretation June … Trade Commission Bureau of Competition Room 303 Washington, D.C. 20580 Re: Interpretation of "Solely for the … current owner of 876,823 shares (5%) of the currently outstanding voting stock of (redacted) (the "Company"). The …
Date
7/1/93. Conclusion is OK. But only because they do not hold enough stock to elect the one director. If they could elect one by themselves, the transaction would not be exempt. T.F.H."
HSR Informal Interpretations

9307001 Informal Interpretation

… 9307001 Informal Interpretation 9307001 Informal Interpretation July 6, 1993 By Hand Melea R. C. Epps, Esquire Richard B. Smith, Esquire … within the coverage of the act and need not be preceded by compliance with the act's requirements. 43 Fed. Reg. 33450, …
Date
Rule
801.1(b)
No written comments from the PNO staff
HSR Informal Interpretations

9306006 Informal Interpretation

… 9306006 Informal Interpretation 9306006 Informal Interpretation June 28, 1993 VIA FAX Richard B. Smith, Esq. Premerger Notification Office Bureau of Competition Room 323 Federal Trade Commission 6th and Pennsylvania Avenue, N.W. Washington, D.C. 20580 Re: …
Date
Rule
802.20, 7A(a)(3)(B)
6/29/93 - Advised writer that land and voting stock held by acquired person couldbe included as one transaction. Advised that Company A stock taken back byacquired person may also be reportable. He...
HSR Informal Interpretations

9306003 Informal Interpretation

… 9306003 Informal Interpretation 9306003 Informal Interpretation By Telecopier *CONFIDENTIAL* (redacted) June 16, 1993 Premerger Notification Office Bureau of Competition Federal Trade … notification is required to file with your offices and Department of Justice or not under the Hart Scott Rodino …
Date
Rule
802.20
(Redacted) called HDR on 6-18-93. Confirmed that figures in 2 are latest, andtotal holdings will be less than $15 mm. Exempt - 802.20 (b). HDR. RSconcurs.
HSR Informal Interpretations

9306005 Informal Interpretation

… 9306005 Informal Interpretation 9306005 Informal Interpretation June … Office Bureau of Competition, Room 303 6th Street and Pennsylvania Avenue, N.W. Washington, D.C. 20580 Dear … and (redacted) in 1973. Under the terms of the trust, legal title is vested in the Owner Trustee which is …
Date
Rule
801.1(c)(4)
Confirmed. RS agrees.
HSR Informal Interpretations

9306001 Informal Interpretation

… 9306001 Informal Interpretation 9306001 Informal Interpretation VIA … of Competition Room 303 Federal Trade Commission Sixth and Pennsylvania Avenue, NW Washington, D.C. 20580 Re: Hart-Scott-Rodino Antitrust …
Date
Rule
801.1(b)
"(redacted) also indicated that the partnership has not acquired any new assets since (redacted) made the previous filing."
HSR Informal Interpretations

9306002 Informal Interpretation

… 9306002 Informal Interpretation 9306002 Informal Interpretation June … Office Bureau of Competition Room 303 Sixth Street and Pennsylvania Avenue, NW Washington, D.C. 20580 Dear Mr. … with respect to C1" through C5" , based on the personal and estate issues facing C1" and were not motivated by the …
Date
Rule
801.11
Spoke to (redacted). Agree with letter. No filing required.
HSR Informal Interpretations

9305012 Informal Interpretation

… 9305012 Informal Interpretation 9305012 Informal Interpretation BY TELECOPIER: 202-326-2050 Hy David Rubinstein, Esq. Premerger Notification Office Bureau of Competition Federal Trade … person. Both (redacted) are registered in the (redacted) and the value of each of the (redacted) is in excess of …
Date
Rule
802.50
June 93. Called (redacted) if (redacted) is in territorial waters of US, then it is a US asset. I (redacted) is reportable. RS agrees.
Advocacy Filings

FTC Staff Comment to the Honorable William F. Cass Concerning Massachusetts H.B. 1109 to Require Health Plans Offering Prescription Drug Services Contract with any Provider Willing to Meet the Plan's Terms

… FTC Staff Comment to the Honorable William F. Cass Concerning Massachusetts H.B. 1109 to Require Health Plans Offering Prescription Drug Services Contract with any Provider …
Date
Matter Number
V930021
HSR Informal Interpretations

9305010 Informal Interpretation

… 9305010 Informal Interpretation 9305010 Informal Interpretation May 24, 1993 Hy Rubenstein, Esq. Office of General Counsel Federal Trade Commission Pennsylvania Avenue and 6th Street Washington, D.C. 20580 Dear Mr. Rubenstein: …
Date
Rule
801.11
5-28 - Called (redacted) and also (redacted) (other side) and confirmed this is not reportable
HSR Informal Interpretations

9304007 Informal Interpretation

… 9304007 Informal Interpretation 9304007 Informal Interpretation VIA FACSIMILE April 30, 1993 Patrick Sharpe Premerger Notification Office Bureau of Competition Federal Trade … of ABC Co., a corporation whose shares are owned by D, and individual (General Partner) 1% A, an individual (Class …
Date
Rule
802.63 ; 802.30
Bona fide debt work-out, 802.63, applies to both to trust and General partners as UPEs of partnership. A Bona fide creditor/debtor relationship between the Lender (Creditor) and XYZPartnership exists...
HSR Informal Interpretations

9305003 Informal Interpretation

… 9305003 Informal Interpretation 9305003 Informal Interpretation May … of the exemptive provisions of 12 CFR 802.1 to a real estate transaction currently under negotiation. We represent an individual (Individual) and a Texas limited partnership (Partnership). Individual is …
Date
Rule
802.1
5-10-93 Called (redacted) agreed with letter RS also agrees.
HSR Informal Interpretations

9305002 Informal Interpretation

… 9305002 Informal Interpretation 9305002 Informal Interpretation May … is qualified under the Internal Revenue code (the I..R.C.) and the real property and improvements to be acquired are … results for complete taxable years. The REIT has received legal advice that it qualified for taxation as a real estate …
Date
Rule
7A (c) (1)
I called (redacted) and explained to him that, with respect to the first paragraph of his letter, non-income producing property is generally exempt, regardless of the nature of the acquiring person...
HSR Informal Interpretations

9305004 Informal Interpretation

… 9305004 Informal Interpretation 9305004 Informal Interpretation May … Purchaser is a company, subject to the requirements of the Real Estate Investment Trust Act of 1960, as amended, with … center, consisting of the assignment of a ground lease and the transfer of adjacent land in fee simple, with …
Date
Rule
7A(c)(1)
None noted
HSR Informal Interpretations

9305005 Informal Interpretation

… 9305005 Informal Interpretation 9305005 Informal Interpretation May … regarding the applicability of the reporting requirements and waiting period under the Hart-Scott-Rodino Antitrust … to enter an agreement pursuant to which the following transactions will occur in the order indicated: …
Date
Rule
801.20(c)
Acquiring person will purchase 5% then corporation A will redeem all of its outstanding stock-leaving B-in control. If B is instrumental in A redeeming all of its share, transaction is reportable. See...
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