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HSR Informal Interpretations

9205005 Informal Interpretation

… transaction: Corporations A and B propose to form a Partnership in which A will hold a 51% interest and B will … hold a 49% interest. B will contribute substantially all of its assets, valued in excess of $30 million, to the Partnership. A will contribute a …
Date
Rule
801.1 (b)(1)
When a partnership is formed, no reporting is required where money is distributed to a partner who has contributed other assets as long as the distribution is proportional to the relative partnership...
HSR Informal Interpretations

9205007 Informal Interpretation

… Esquire Federal Trade Commission Premerger Notification Office, Room 398 6th Street and Pennsylvania Avenue, NW … under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act). The transaction is the acquisition of substantially all of the assets of a company (the Company), which is a wholly owned subsidiary of a …
Date
Rule
7A(c)(4)
If sale has been ordered, approved & supervised by RTC then it is exempt as a transfer from a govt. agency. Sale may be from a subsidiary of its assets.
HSR Informal Interpretations

9205011 Informal Interpretation

… (hereinafter referred to as the Bank) in the disposition of an asset (the Asset). This letter is to request … under 15 U.S.C. 18(a) and the Asset being sold is in excess of $15,000,000. 2.The management and disposition of the … Assistance Agreement by and between The Resolution Trust Company (RTC), as successor to the Federal Savings and Loan …
Date
Rule
7A(c)(4)
Called and left message: Not (c)(4); the asset has left the RTC and the Bank can sell it without RTC approval if it wants to. Bank must file. RS agrees.
Advocacy Filings

FTC Staff Comment to the Hon. Robert W. Ney Concerning Ohio S.B. 323 to Regulate Credit Repair Organizations

… Robert W. Ney Concerning Ohio S.B. 323 to Regulate Credit Repair Organizations Enviado por wfg-adm109 el Vie, 01/05/1992 … Robert W. Ney Concerning Ohio S.B. 323 to Regulate Credit Repair Organizations v920015-oh-credit-services-orgs.pdf … Robert W. Ney Concerning Ohio S.B. 323 to Regulate Credit Repair Organizations …
Date
Matter Number
V920015
Advocacy Filings

FTC Staff Comment to the Hon. David Knowles Concerning California A.B. 2371 Concerning Refiners Sale and Resale of Gasoline

… California A.B. 2371 Concerning Refiners Sale and Resale of Gasoline Enviado por wfg-adm109 el Vie, 01/05/1992 - … California A.B. 2371 Concerning Refiners Sale and Resale of Gasoline v920012-ca-refiners.pdf Advocacy Filing … FTC … California A.B. 2371 Concerning Refiners Sale and Resale of Gasoline …
Date
Matter Number
V920012
Federal Register Notice

16 CFR Part 456: Ophthalmic Practice Rules; Final Trade Regulation Rule

… 16 CFR Part 456: Ophthalmic Practice Rules; Final Trade Regulation Rule Federal Register Notice 16 CFR Part 456: Ophthalmic Practice Rules; Final Trade Regulation Rule 16_cfr_part_456_5-1-92.pdf … 16 CFR Part 456: Ophthalmic Practice …
Date
HSR Informal Interpretations

9204015 Informal Interpretation

… April 28, 1992   VIA TELECOPY Premerger Notification Office Bureau of Competition Room 303 Federal Trade Commission Washington, … A finance lease is a lease which calls for monthly rent payments to be made to the lessor. Generally, there would …
Date
Rule
7A(c)(1)
4/29/92 called (redacted). On the basis that the finance leases and the installment sales contracts to be purchased by A from B represent lease financing transactions which B presently holds (and they...
HSR Informal Interpretations

9204011 Informal Interpretation

… 9204011 Informal Interpretation April 15, 1992 BY HAND Patrick Sharpe, Esquire Federal Trade Commission Premerger Notification Office Seventh and Pennsylvania Avenue Room 303 Washington, … and Report Form: Company A wishes to acquire 100% of the stock of Company B for $7 million. The ultimate …
Date
Rule
801.11; 802.20(b); 7A(a)(2)(B)
Is Company B a manufacturing or service company? Service oriented- Nomanufacturing. Is Company B its own UPE? Yes. Company B does not meet thesize-of-person test because the test for this scenario...
HSR Informal Interpretations

9204004 Informal Interpretation

… B. Smith Federal Trade Commission Pre-Merger Notification Office Bureau of Competition Room 303, Federal Trade Commission … our telephone conversation of April 1, 1992, in which you participated with myself and (redacted) of this office and …
Date
Rule
7A(a); 801.2
4/6/92 called (redacted). She said that the joint committees to be formed to oversee production under the agreement would not convey any beneficial interest in processors assets to the company. The...
HSR Informal Interpretations

9203011 Informal Interpretation

… 326-2050 AND MAIL Marian Bruno, Esq. Premerger Notification Office Bureau of Competition Room 303, Federal Trade Commission … be relevant to other exemptions. I. FACTS: We represent Company A, a (redacted) corporation, which will be entering …
Date
Rule
801.40
4-6-92- Discussed with (redacted) - this is not a joint venture exemption but the formation of a general partnership which is not reportable under the act and rules.
HSR Informal Interpretations

9204002 Informal Interpretation

… Notification Richard Smith Attorney Premerger Notification Office Bureau of Competition Federal Trade Commission Building Room 303 … merger to be accomplished by a stock-for-stock exchange. Company A will acquire the voting securities of Company B, 50% …
Date
Rule
802.9
Y is only an employee and not in management.
HSR Informal Interpretations

9204003 Informal Interpretation

… Bruno Federal Trade Commission Premerger Notification Office Bureau of Competition, Room 303 6th Street and Pennsylvania Avenue, … on behalf of our client. Seller is a (redacted) limited partnership and has assumed or will be assuming a …
Date
Rule
802.1; 802.63
None
HSR Informal Interpretations

9204005 Informal Interpretation

… Mr. William Schechter Staff Attorney Premerger Notification Office Bureau of Competition Federal Trade Commission, Room … is required to be submitted to the United States Department of Justice and Federal Trade Commission under the …
Date
Rule
801.10
I do not consider [the advance described in II.A.] to be part of the purchase price.
HSR Informal Interpretations

9204006 Informal Interpretation

… 9204006 Informal Interpretation April 9, 1992 Mr. Patrick Sharpe Premerger Office H-303 Federal Trade Commission Washington, D.C. 20580 … Dear Mr. Sharpe: Last week, in your absence, Dick Smith of the Premerger Office called me concerning the fact …
Date
Rule
7A(c)(2); 7A(c)(3); 801.1(c)(8); 801.21
None.
HSR Informal Interpretations

9204007 Informal Interpretation

… MESSENGER Mr. William J. Schechter Premerger Notification Office Bureau of Competition Room 303 Federal Trade Commission Washington, … has entered into a letter of intent to sell two companies that he controls in a transaction that is described …
Date
Rule
801.90
This is a reportable transaction. A should file to acquire C and D.
HSR Informal Interpretations

9204009 Informal Interpretation

… April 15, 1992   Mr. Victor Cohen Premerger Notification Office Mail Stop: Room 301 Federal Trade Commission 6th and … Avenue, N.W. Washington, D.C. 20580 Re: Confirmation of informal interpretation of Section 7A of the Clayton Act … of certain oil and gas assets by several limited partnerships in which one of our clients (the Client) serves …
Date
Rule
801.1
If a person assigns his contract right to another person prior to the acquisition then he has not made an acquisition of the underlying assets.
HSR Informal Interpretations

9204010 Informal Interpretation

… April 15, 1992 VIA TELECOPY Premerger Notification Office Room 303 Federal Trade Commission 6th Street and … I outlined the following transaction: X controls a number of subsidiaries engaged in retail sales. Through an … The accounts receivable to be sold by A to Y are a small part of the total accounts receivable created and maintained …
Date
Rule
7A(c)(1); 802.1
A retailers acquisition of account receivables (A/R) which were previously created by a bank in connection with sales by the retailer is exempt where the retailer has a financial division which is...
HSR Informal Interpretations

9204012 Informal Interpretation

… Mr. William Schechter Staff Attorney Premerger Notification Office Bureau of Competition Federal Trade Commission, Room 303 … you requested us to confirm for you that the price paid for the (redacted) inventory at the Sellers …
Date
Rule
801.10
A payment by a supplier to a [retailer](redacted) to maintain a supply agreement is not an asset.
HSR Informal Interpretations

9204013 Informal Interpretation

… 22, 1992   Federal Trade Commission Premerger Notification Office Bureau of Competition (Attn: Mr. Victor Cohen) 7th & Pennsylvania … HSR Act), with respect to the determination of the ultimate parent entity of a limited partnership under 16 C.F.R. …
Date
Rule
801.1(b)
Assuming that no person has control of the subject partnership based upon the distribution of assets upon dissolution, where a creditor has its notes repaid any subsequent distributions to this former...
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