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Federal Register Notice

16 C.F.R. Part 698: Summary of Rights and Notice of Duties Under the Fair Credit Reporting Act: Publication of Proposed Notices; Request for Comments

… of Rights and Notice of Duties Under the Fair Credit Reporting Act: Publication of Proposed Notices; Request for … of Rights and Notice of Duties Under the Fair Credit Reporting Act: Publication of Proposed Notices; Request for … of Rights and Notice of Duties Under the Fair Credit Reporting Act: Publication of Proposed Notices; Request for …
Date
HSR Informal Interpretations

1008003 Informal Interpretation

… from sales by a U.S. entity U.S. manufacturer are not reported under a wholesale code unless the sale is made from … the manufacturing facility. Inthis case, revenues would be reported for both the manufacturing andwholesaling of the … operationsat its manufacturing facility, it would report all of its revenues under themanufacturing NAIS code. …
Date
Rule
Form Item 5
see MV comments below.
HSR Informal Interpretations

1008002 Informal Interpretation

… non-profit corporation (the "Non-Profit") will result in areportable acquisition under the Hart-Scott-Rodino Antitrust … the Non-Profit that we believe are exemptfrom the HSR Act reporting requirements pursuant to HSR Rule 802.2(d). If … of such non-exempt assetswould also be exempt from the reporting requirements of the HSR Act. TheProposed …
Date
Rule
802.2, 801.50
Profit for $40 million -does not satisfy size of transaction test A subsequently leases the real property to ServiceCo, which subleases the property to Non-Profit -Neither entering into a lease or...
HSR Informal Interpretations

1008004 Informal Interpretation

… structured as a "Recapitalization," then it would not be reportable under the HSR Act, even if the resulting …
Date
Rule
801.10, 801.2(e)
08/20/2010 1. The acquisition of the rollover interests would be exempt for the members of management and the funds, however, I think the point is moot unless one is receiving 50% or more. You can't...
HSR Informal Interpretations

1007007 Informal Interpretation

… acquisition of the non-corporate interests), X is filingthe report as an acquired person. In Transaction #2, under … X's acquisition of the 49% interest inNewco would not be reportable. Further, the assets contributed by X to Newcoare … Section 802.4. I believe that Xneeds to complete its HSR report only as an acquired person with respect toTransaction …
Date
Rule
801.50
Agree.
HSR Informal Interpretations

1007003 Informal Interpretation

… this is a $60 milliontransaction, and would not be reportable. If, on the other hand, B holds $5million in cash … receivable, this is a $65 milliontransaction, and would be reportable. … 1007003 Informal Interpretation …
Date
Rule
801.10
I'm not following your thinking here. Isn't this like having a working capital adjustment to the purchase price? If that's the case, it doesn't matter what category of assets makes up the shortfall...
HSR Informal Interpretations

1006008 Informal Interpretation

… you encountered a situationwhere a natural person made a reportable acquisition but failed to file, andthen died …
Date
Rule
802.71
I agree the acquisition of the shares by the estate is exempt under 802.71. The estate is a separate person from the deceased and has no obligation to file on behalf of the deceased person. However...
HSR Informal Interpretations

1006005 Informal Interpretation

… Avenue, NW Washington, DC 20580 Re: Basis of HSRNon-Reportability for a Repurchase of Voting Securities and … 31, 2010, May 14, 2010 and June 7, 20 I 0 regarding thenon-reportability under the Hart-Scott-Rodino Antitrust … to Trust C ofits remaining Class A Preferred Stock would be reportable under the HSR Act asyou should assume that …
Date
Rule
802.30
Agree.
Cases and Proceedings
Commissioner Statements

Concurring Statement of Commissioner Jon Leibowitz Regarding the Staff Report: “Municipal Provision of Wireless Internet”

… Statement of Commissioner Jon Leibowitz Regarding the Staff Report: “Municipal Provision of Wireless Internet” … Statement of Commissioner Jon Leibowitz Regarding the Staff Report: “Municipal Provision of Wireless Internet” … … Statement of Commissioner Jon Leibowitz Regarding the Staff Report: “Municipal Provision of Wireless Internet” …
Date
By
Jon Leibowitz, Former Chairman
HSR Informal Interpretations

1005003 Informal Interpretation

… B. Michael Cc: (Redacted) Subject:RE: Licensing Transaction Reportability Mike, I writing toconfirm the conversation … and I had this morningconcerning the timing of the reportability of a licensing transaction. Theissue is whether the parties can report the transaction now, or have to waituntil shortly …
Date
Rule
801.2
Agree.
HSR Informal Interpretations

1005002 Informal Interpretation

… or not the below-mentioned sale of membership interests is reportable under the Hart-Scott-Rodino Antitrust … be less than $63.4 million and that the transaction is not reportable under the HSR Act. Based upon our description of …
Date
Rule
801.10
05/11/2010 – Agree.
HSR Informal Interpretations

1005001 Informal Interpretation

… Interests Mike, Is the following scenario potentiallyreportable? A holds 1/3 of the interests inPartnership X. B, … under802.4. Is B's indirect acquisition of control of X reportable? This informalinterpretation suggests that it is not reportable but the facts of thatinterpretation are not 100% …
Date
Rule
801.13(c)(1)
801.13(c)(1) requires aggregation of the non-corporate interests already held with the non-corporate interests that are being acquired. It doesn't matter whether the acquisition is direct or indirect...
HSR Informal Interpretations

1004007 Informal Interpretation

… Avenue, NW Washington, DC 20580 Re: Basis of HSR Non-Reportability forAcquisitions by a Family of Investment … confirm our discussion of April 27, 2010 regarding thenon-reportability under the Hart-Scott-Rodino Antitrust … proposedtransactions described above would not trigger any reporting obligation underthe HSR Act. Specifically you …
Date
Rule
802.9
Agree.
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