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HSR Informal Interpretations

8809001 Informal Interpretation

…  PRIVILEGE AND CONFIDENTIAL Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … 2, 1988.             The transaction is essentially a partial leveraged buy-out by management of a subsidiary, the …
Date
Rule
802.20
[note 1-Attachment A-]
HSR Informal Interpretations

8809002 Informal Interpretation

… September 22, 1988 Richard Smith Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … Avenue, NW Room 303 Washington, D.C. 20580 Re: SALE OF PROPERTY BY REDEVELOPMENT AGENCY Dear Mr. Smith: This …
Date
Rule
801.1(a)(2)
9/27 checked with Wayne. At his suggestion checked CA cites. Advised (redacted) that Redevelopment Agency does not appear to be a corporation and thus not an entity.
HSR Informal Interpretations

8809003 Informal Interpretation

… September 27, 1988 FEDERAL EXPRESS Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … Improvements Act of 1976. My client, a newly-formed company (the Company). Holds a convertible secured note in the …
Date
Rule
801.2
This transaction appears reportable if the size requirements are met
HSR Informal Interpretations

8808011 Informal Interpretation

… August 29, 1988 VIA EXPRESS MAIL Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … of the Hart-Scott-Rodino pre-merger notification rules, in particular of 7A(c)(1) of the Act and 802.1 of the Rules …
Date
Rule
802.1; 802.63
The writer was advised that the transaction involving the (redacted) might qualify as exempt under 802.63 as well as possibly 802.1 if the sale were to a person which does not compete in the same...
HSR Informal Interpretations

8808003 Informal Interpretation

… (redacted) August 4, 1988 Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … chain are owned, and have been for many years, by five separate corporations. Each of these corporations is an …
Date
Rule
801.10
I informed the writer that the burden is on the acquiring person to determine the fair market value of the assets being acquired separately from each of the 12 persons and the unallocated value of the...
HSR Informal Interpretations

8808004 Informal Interpretation

… August 11, 1988 Wayne Kaplan Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … The distribution of assets valued at $90,000,000 to a 50/50 partner upon the dissolution of a partnership is a …
Date
Rule
801.2; 801.40
OK - Limited to the facts. 8/5/88
HSR Informal Interpretations

8808002 Informal Interpretation

… August 3, 1988 Wayne Kaplan Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … FACTS. 1. The First Transaction. In December, 1987, Company A (the acquiring person) made an HSR filing at the $15 …
Date
Rule
802.21
OK-8/4/88-Limited to the facts.
HSR Informal Interpretations

8808001 Informal Interpretation

… 8808001 Informal Interpretation (redacted) August 3, 1988 Patrick Sharpe Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & … Federal Trade Commission and the Antitrust Division of the Department of Justice. Please contact me within the next ten …
Date
Rule
801.1(a)(2)
I concur with this letter - also reviewed by (redacted) - Attempted to call three times noanswer last call 8-18-88
HSR Informal Interpretations

8808005 Informal Interpretation

… are not subject to the notification requirements of Section 7A of the Clayton Act (hereinafter The Act). FACTS *no stock … Section 801.1(a), the term person includes an ultimate parent entity and all entities which it controls directly or …
Date
Rule
802.20(a)
Talked to (redacted) 8/18 confirmed that these were both asset transactions; advised that if fair market value or, if higher, the acquisition price, is $15MM or less for assets of each entity, then...
HSR Informal Interpretations

8808006 Informal Interpretation

… August 15, 1988 Wayne Kaplan Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … me that commitments to contribute capital to an investment partnership are not assets for purposes of determining the …
Date
Rule
801.11
None noted
HSR Informal Interpretations

8808007 Informal Interpretation

… COPY VIA TELECOPIER (redacted) Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & … Avenue, NW Room 303 Washington, D.C. 20580 ATTENTION: Patrick Sharpe Premerger Notification Under … for X-Y on a cost reimbursement basis. (S is a very large consumer of X-Ys products.) X and Y now propose to convey to …
Date
Rule
801.2
I have no expertise in matters concerning the Internal Revenue code. In order to determine reportability under H-S-R concerning the acquisition of partnership interests you look to the acquiring...
HSR Informal Interpretations

8808008 Informal Interpretation

… August 26, 1988 Victor Cohen Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … over the telephone concerning the following transaction. Company A has a business which produces a line of products …
Date
Rule
801.10
Acquiring side board of directors should determine fair market value to make sure price is below $15 mm
HSR Informal Interpretations

8808009 Informal Interpretation

… August 26, 1988 Victor Cohen Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania … over the telephone concerning the following transaction. Company A has a business which produces a line of products …
Date
Rule
801.10
Acquiring side board directors should determine fair market value to make sure price is below $15mm [note -same letter as 8808008]
HSR Informal Interpretations

8808010 Informal Interpretation

… (redacted) August 26, 1988 BY FEDERAL EXPRESS Patrick Sharpe Premerger Notification Office Bureau of Competition Federal Trade Commission 6th & Pennsylvania …
Date
Rule
802.1; 7A(c)(1)
As long as it is raw land. Land that formerly and currently has no business operating on it . I concur [note 1-I find this vague. Does this mean there may be commercial property. Note: Phone call to...
HSR Informal Interpretations

8807009 Informal Interpretation

… Thank you for your phone call in response to my letter of July 26. This letter will confirm our conversation today regarding the reportability of the same transaction, which I had outlined as follows: A … purpose of acquiring 100% of the voting securities of Company (a $100 million person). (Redacted) has no 50% …
Date
Rule
801.40
OK 7/29/88
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