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HSR Informal Interpretations

0609005 Informal Interpretation

… assets in a transaction thatwill likely be exempt from reporting obligations under the Act because thevalue of the … by theseries of mortgage servicing rights dispositions is reportable under the Act,and accordingly the parties do not …
Date
Rule
15 USC 18a(c)(1) 7A(c)(1)
Agree.
HSR Informal Interpretations

0609002 Informal Interpretation

… A will be consummating the acquisition of CompanyB, a non-reportable transaction, in one month. Company A has entered anagreement to acquire Company C in a reportable transaction that will consummatein two months if … to reflect the pending acquisition ofCompany B when it reports the Company C acquisition? Item 5's instructions …
Date
Rule
Form Item 5
It would not be necessary, but it would be helpful if you mentioned the pending acquisition of B in Item 3(a), especially if the acquisition of B would create overlaps with C.
HSR Informal Interpretations

0608015 Informal Interpretation

… of 16 C.F.R. 803.9(c) I,in connection with Notification andReport Forms filed with respect to the following … would require four (4)separate Premerger Notification and Report Forms to be filed. The question discussed in our … ("NAICS") codes, and the actual dollar amounts reported undereach NAICS code, or if "same" means that only …
Date
Rule
803.9(c)
Agree
HSR Informal Interpretations

0608010 Informal Interpretation

… the Act pursuant to ... this part 802 ... is exempt from thereporting requirements if the acquired ... unincorporated … or more, the proposed acquisition would be exempt from HSRreporting requirements under Rule 802.4. Please confirm that …
Date
Rule
802.2(d), 802.4
Agree.
HSR Informal Interpretations

0608012 Informal Interpretation

… ought properly to be reflected on the HSR notificationand report form where some entities involved in an aggregated … be aggregated under Rule 801.13(b) and that the resultis a reportable transaction. Question: How should the fact … because the settlor of Revocable Trust #2 would have had no reportingobligation if only the assets of the two …
Date
Rule
801.1, 801.13
File with both settlors as acquired persons.
HSR Informal Interpretations

0608007 Informal Interpretation

… You advised me that this acquisition would be exempt from reporting under the HSR Act pursuant to 16 CFR Ch. 1, …
Date
Rule
802.5
UPDATE: July 14, 2015 -- The below interpretation, as it relates to 802.5, is no longer the position of the PNO. The PNO’s clarified position, found at " HSR Rule 802.5: the Investment Rental Property...
HSR Informal Interpretations

0607020 Informal Interpretation

… I talked this through and agree that this probably isn't reportable, butusing a different analysis. We believe that …
Date
Rule
801.40, 802.4
Nancy (Ovuka) and I talked this through and agree that this probably isnt reportable, but using a different analysis. We believe that the two transactions you describe (formation of Newco and...
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