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HSR Informal Interpretations

9010011 Informal Interpretation

… October 30, 1990 Richard Smith, Esq. Premerger Notification Office Bureau of Competition Federal Trade Commission 600 Pennsylvania … There is a question, however, whether the foreign companys annual net sales derived primarily from advertising …
Date
Rule
801.11(b)(2)
11/2/90 Called (redacted) advised that foreign company must use its regularly preparedfinancials, if prepared within 15 months of filing or acquisition, to determine its size. Itcannot revise such...
HSR Informal Interpretations

9011004 Informal Interpretation

… BY MESSENGER Richard B. Smith, Esq. Premerger Notification Office Bureau of Competition Federal Trade Commission 600 Pennsylvania … 303 Washington, D.C. 20580 Re:Hart-Scott-Rodino: Conveyance of Land Exclusive of Improvements Dear Dick: This letter …
Date
Rule
802.1(b)
None noted
HSR Informal Interpretations

9011006 Informal Interpretation

… (redacted) November 9, 1990 VIA HAND DELIVERY Patrick Sharpe Premerger Notification Office Bureau of Competition Federal Trade Commission 600 … delegates the power to direct the day-to-day business affairs of the partnership to a Partners Committee (the …
Date
Rule
801.1(b)
See below
HSR Informal Interpretations

9011008 Informal Interpretation

… November 19, 1990 Nancy M. Ovuka Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … (redacted) of the facilities in exchange for (redacted) payable in cash plus (redacted) of (redacted) common shares …
Date
Rule
802.63
[note 1-Continuum theory - not reportable - if [redacted] shares are not sold then theyshould file for them]-[note 2-continuum theory applies]-[note 3-802.63 lease Financing]
HSR Informal Interpretations

9011009 Informal Interpretation

… to our recent telephone conversation to request the advice of the FTC Premerger Notification Office as to whether a second filing is required under the … The relevant facts are as follows: Earlier this year Company A, a $100 million person, and Company B, a $10 million …
Date
Rule
803.7; Premerger Notification Practice Manual Int. #296
Called on 11-26-90. Agreed that a new filing is not required. PNO has taken the positionover the last year or so that a new filing is not required if a person files to acquire all of acompanys assets...
HSR Informal Interpretations

9011012 Informal Interpretation

… November 29, 1990 Nancy Ovuka Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … representing a client that is a public employees municipal pension trust fund with assets in excess of On Hundred …
Date
Rule
801.1
None noted
HSR Informal Interpretations

9011010 Informal Interpretation

… November 21, 1990 John M. Sipple Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … to the Lease back to the Lessees, does not obligate the parties to file a premerger notification under the Act. …
Date
Rule
801.2
Lessor - title, security interest. Lessee - possession, risk of loss due to damage or use of the leased assets arising from lease. Right to require sale to third party . Right to acquire for greater...
Advocacy Filings

FTC Staff Comment Before the Office of the Auditor General of the State of Florida Concerning State Statutes and Regulations Governing Physicians and Harbor Pilotage

… FTC Staff Comment Before the Office of the Auditor General of the State of Florida Concerning State Statutes and …
Date
HSR Informal Interpretations

9010006 Informal Interpretation

… October 19, 1990 Mr. Dick B. Smith Premerger Notification Office Bureau of Competition Federal Trade Commission 600 Pennsylvania … The proposed transaction involves the following facts: Company A (Buyer) and Company B (Seller) each have assets in …
Date
Rule
802.63
10/30/90 Advised that this transaction is exempt from reporting requirements under our interpretation of 802.63 in that it is a bona fide sale/leaseback in the ordinary course ofbusiness of Company A...
HSR Informal Interpretations

9010003 Informal Interpretation

… Hancock, Compliance Specialist Premerger Notification Office Bureau of Competition Federal Trade Commission 600 Pennsylvania … call on October 10 in which I explained that Acquiring Company A intends beneficial ownership of Partnership F, an …
Date
Rule
803.9
10/15/90 Told (redacted) that the advice I had given him was wrong. We charge one filing fee when technically there are two acquisitions if what is being acquired is the same thing. E.g. A were...
HSR Informal Interpretations

9010002 Informal Interpretation

… October 9, 1990 FEDERAL EXPRESS Premerger Notification Office Bureau of Competition Federal Trade Commission 600 Pennsylvania … we discussed over the telephone, this firm represents a company which proposes to purchase a tract of property and …
Date
Rule
7A(c)(1); 802.1(b)
10/12/90 Called (redacted) and said the Premerger Office agreed with his conclusion. On page 4, paragraph 2, second sentence, advised that this office views office buildings and residential buildings...
HSR Informal Interpretations

9010001 Informal Interpretation

… 5, 1990 Richard B. Smith, Esquire Premerger Notification Office Bureau of Competition Federal Trade Commission 600 … Notification Office of the Federal Trade Commission and the Department of Justice remain of the view (first expressed in …
Date
Rule
7A(c)(4); 801.1(a)(2)
10/5/90 If purchase is under RTC umbrella as appears it is the case here, then exemptunder (c)(4) and 801.1(a)(2). RB Smith
HSR Informal Interpretations

9010004 Informal Interpretation

… 15, 1990 Marian Bruno Caviness, Esq. Premerger Notification Office Bureau of Competition Federal Trade Commission 600 Pennsylvania … for directors. However, in the event the issuer fails to pay certain required dividends on the Preferred Stock or …
Date
Rule
801.1(f)(3)
None noted
HSR Informal Interpretations

9010008 Informal Interpretation

… 1990 BY TELECOPIER (202) 326-2050 Premerger Notification Office Bureau of Competition Federal Trade Commission 600 Pennsylvania … Avenue, NW, Room 303 Washington, D.C. 20580 Attention:John Patrick Sharpe Re:Pre-Merger Notification Requirements under …
Date
Rule
801.13(b)
Im not sure what substantially all means but I know what it is when I see it 80% is substantially.
HSR Informal Interpretations

9010009 Informal Interpretation

… 26, 1990 Richard B. Smith, Esquire Premerger Notification Office Bureau of Competition Federal Trade Commission 600 Pennsylvania … 803.2(c)(1) in the following circumstances: Our client, Company A, is engaged in manufacturing and would be the …
Date
Rule
803.2(c)(1)
None noted
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