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HSR Informal Interpretations

9302008 Informal Interpretation

… 9302008 Informal Interpretation 9302008 Informal Interpretation … Victor Cohen, Esq. Federal Trade Commission 6th Street and Pennsylvania Ave., N.W. Washington, D.C. 20580 Re: Sale of Undeveloped Real Estate Gentlemen: Our client, [redacted] (Seller), a …
Date
Rule
7A(c)(1)
Raw timberland is exempt since it has not been harvested in 5 years. Also it is only inventory for buyer who will use it in the ordinary course of his business.
Advocacy Filings

FTC Staff Comment Before the Federal Communications Commission In the Matter of Advanced Television Systems and Their Impact Upon the Existing Broadcast Service

… Staff Comment Before the Federal Communications Commission In the Matter of Advanced Television Systems and Their Impact Upon the Existing Broadcast Service Enviado por wfg-adm109 el Lun, …
Date
Matter Number
V930003
Cases and Proceedings

Mobil Oil Corporation

… Federal Trade Commission Decisions, Volume 116, Page 113 … Mobil Oil Corporation …

Federal Trade Commission Decisions, Volume 116, Page 113

Type of Action
Administrative
Last Updated
HSR Informal Interpretations

9301006 Informal Interpretation

… 9301006 Informal Interpretation 9301006 Informal Interpretation … of the state. Enclosed please find a copyof Health and Safety Code 32002, previously furnished to you under … the acquisition or lease by a nonprofit corporate affiliate legallycontrolled by our client [redacted] of a [redacted] …
Date
Rule
801.1(a); 7A(c)(4); 7A(a)(2)(B)
1/25/93 Called [redacted]. It appears that [redacted] is a political subdivision, and therefore, exempt. Nonprofit corporate affiliate is an entity and would be required to file if it meets the size...
HSR Informal Interpretations

9301007 Informal Interpretation

… 9301007 Informal Interpretation 9301007 Informal Interpretation … related nonprofit institutions I will refer to as Sub B and Sub C, is exempt from the filing requirements of the … parent through the ownership of voting securities. Such transactions are exempt from the Act as intraperson …
Date
Rule
802.30; 801.1(c)(8); 801.1(b)(2)
1/22/93 PMN cant expand 802.30 to exclude the merger of two subs held contractually. Must be by holdings of voting securities.
HSR Informal Interpretations

9301005 Informal Interpretation

… 9301005 Informal Interpretation 9301005 Informal Interpretation … in excess of $100,000,000. 2.Creditor has loaned money to, and made [redacted] in, two related ventures, namely … effected in connection with a bona fide debt work-out, such transactions may be effected without filing a notice under …
Date
Rule
802.63
1/13/93 Exempt under 802.63. RS concurs.
HSR Informal Interpretations

9301002 Informal Interpretation

… 9301002 Informal Interpretation 9301002 Informal Interpretation … January 6, 1993 Federal Trade Commission Premerger Notification Room 303 Sixth & Pennsylvania Ave., N.W. … located in [redacted] (hereinafter [redacted]). [Redacted] and [redacted] have agreed to affiliate utilizing an …
Date
Rule
Section 7A(a), 801.11(b)(2)
1/11/93 - called [redacted]. He advises that [redacted] holds only [redacted] and the latter's financials reflect the size of [redacted]. [Redacted] is a single entity and controls neither entity. The...
HSR Informal Interpretations

9301003 Informal Interpretation

… 9301003 Informal Interpretation 9301003 Informal Interpretation … 8, 1993 VIA TELECOPY NO. (202) 326-2050 Ms. Nancy Ovuka Compliance Analyst Federal Trade Commission 7th Street & … in which A corporation has a number of wholly-owned, direct and indirect subsidiaries. A voting trust (the Trust) is the …
Date
Rule
801.1(c)(3); 803.2; 801.1(c)(4)
1/11/93 Under 801.1(c)(4), if settlor retains a reversionary interest, then settlor holds assets of the trust. By naming himself beneficiary, individual who contributed more than 50% has retained a...
Amicus Briefs

Rayle v. First Natl Bank of Cut Bank et al.

… First Natl Bank of Cut Bank et al. FTC amicus curiae brief in Rayle v. First Natl Bank of Cut Bank et al. before the Central District of California concerning whether an equity receiver may sue on behalf of …
Date
Federal Court
Central District of California
FTC amicus curiae brief in Rayle v. First Natl Bank of Cut Bank et al. before the Central District of California concerning whether an equity receiver may sue on behalf of defrauded customers
HSR Informal Interpretations

9301001 Informal Interpretation

… 9301001 Informal Interpretation 9301001 Informal Interpretation … under 15 U.S.C. 18a(c)4 which provides that: "(c)Exempt Transactions. The following classes of transactions are … Californias Local Hospital District Law, California Health and Safety Code 32000 et seq. In light of the Ninth Circuits …
Date
Rule
7A(c)(4)
None
HSR Informal Interpretations

9301004 Informal Interpretation

… 9301004 Informal Interpretation 9301004 Informal Interpretation … lease payments to the Trust. So long as the Lessee acts in compliance with the lease, the Lessee controls the Facility to the exclusion of the Trustee and the Beneficiary. The terms of this transaction are …
Date
Rule
801.1(c); 801.63
The Trust remains in existence and continues to hold title to the asset after the transaction. This is a purchase of a stream of income and not reportable.
HSR Informal Interpretations

9301008 Informal Interpretation

… 9301008 Informal Interpretation 9301008 Informal Interpretation VIA TELECOPIER/ REGULAR U. S. MAIL Mr. Victor Cohen Premerger Notification … Confirming our telephone conference yesterday, I understand that, with respect to the acquisition of [redacted], …
Date
Rule
802.51
In order to be an exempt transaction under section 802.51, you need only to satisfy one of the subsections (a, b, c or d) listed therein.
Advocacy Filings

FTC Staff Comment Before the Legislative Audit Counsel, State of South Carolina Concerning the Regulation of the Health Care Professions

… FTC Staff Comment Before the Legislative Audit Counsel, State of South Carolina Concerning the Regulation of the Health Care Professions Enviado …
Date
Matter Number
V920023
HSR Informal Interpretations

9212005 Informal Interpretation

… 9212005 Informal Interpretation 9212005 Informal Interpretation … Esq. (Note from PS: I am not an attorney; my title is compliance specialist.) Premerger Notification Office Bureau … of Competition Room 303 Federal Trade Commission 6th Street and Pennsylvania Avenue, N.W. Washington, D.C. 20580 Re: …
Date
Rule
7A(c)(1); 802.1
See # 23 in Premerger Practice Manual refers to the PMN Office position on loans. Called [redacted] 12-18-92. Noted that the sale of substantially all of a portfolio of loans can be exempt under c-1...
HSR Informal Interpretations

9212004 Informal Interpretation

… 9212004 Informal Interpretation 9212004 Informal Interpretation The … as a “Massachusetts business trust,” because it is\ organized in Massachusetts and has a business purpose (i.e., portfolio investment),\ as …
Date
Rule
801.40; 801.1(f)(1)
12/16/92 – Advised [redacted- colleague] in the absence of [redacted- author of the letter] that the premerger office was of the view that the trust units were not voting securities. Asked for further...
HSR Informal Interpretations

9212002 Informal Interpretation

… 9212002 Informal Interpretation 9212002 Informal Interpretation … that this question should be answered in the negative, and no second filing is required. 2. For purposes of the … and the corporation could engage in exempt intra-person transactions. Although the Manual indicates that under some …
Date
Rule
801.2(d); 802.30
12/14/92 The transaction is exempt. The parties have already filed for a merger and consolidation so that the contemplated restructuring is covered by the prior filing. JS andRS concurs 802.30 does...
HSR Informal Interpretations

9112003 Informal Interpretation

… 9112003 Informal Interpretation 9112003 Informal Interpretation … has a client that is engaged in the business of developing and operating (redacted) which are facilities that produce … Trade Commission (the Office) has taken the position that transactions such as the purchase described in the …
Date
Rule
801.1(c); 802.63
Called (redacted) firm and informed a cast of thousands in a conference call that my answer was over-simplified. After explaining John Sipples letter of 11-21-90, the parties decided to file and did...
HSR Informal Interpretations

9212001 Informal Interpretation

… 9212001 Informal Interpretation 9212001 Informal Interpretation December 2, 1992 BY HAND Patrick Sharpe, Esq. Premerger Notification Office … million filling threshold is because, for timing reasons, compliance with the H-S-R waiting period would make the …
Date
Rule
801.10
If this is straight up, as is, with no side deals (contractual agreements, etc.) then this is ok. Otherwise, we are troubled lets talk. Called [redacted] 12-3-92. [Redacted] said that the parties will...
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