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HSR Informal Interpretations

0507002 Informal Interpretation

… of the unaffiliatedcompany), the primary transaction is reportable, regardless of whether one ofthem has more than … of the stock of C gives rise to a potentially reportable secondaryacquisition of C's minority holding in … out whether the"primary" acquisition of the stock of A is reportable. Suppose thatBuyer is paying more than $53.1 …
Date
Rule
802.3, 802.4
Agree
HSR Informal Interpretations

0507001 Informal Interpretation

… that you and I had about a monthago regarding the non-reportability of a transaction involving the sale of … we have concluded that neitherstructure would require HSR reporting under the new rules. First, the LP Sale would not be reportable because Buyer would not be acquiringa …
Date
Rule
801.2(f), 802.4
Agree
Cases and Proceedings
Commissioner Statements

Concurring Statement of Commissioner Jon Leibowitz on "Gasoline Price Changes: The Dynamic of Supply, Demand, and Competition: A Federal Trade Commission Report"

… Supply, Demand, and Competition: A Federal Trade Commission Report" Concurring Statement of Commissioner Jon Leibowitz … Supply, Demand, and Competition: A Federal Trade Commission Report" … Concurring Statement of Commissioner Jon Leibowitz … Supply, Demand, and Competition: A Federal Trade Commission Report" …
Date
By
Jon Leibowitz, Former Chairman
HSR Informal Interpretations

0506008 Informal Interpretation

… Pursuantto 801.50(b), the formation of the new LLC is not reportable because no entitywill acquire control of the new … and indirect wholly-owned subsidiaries of the new LLC is notreportable. Finally,the acquisition by the LLC of $61 million of assets from the target is notreportable because the LLC does not meet the …
Date
Rule
801.11, 801.50, 802.30
Agree nothing reportable.
HSR Informal Interpretations

0506006 Informal Interpretation

… to A.(Those transfers of partnership interests would not be reportable because Aalready controls C.) The reorganization … operations. Neither A, B, nor third-party would beacquiring reportable assets or securities in excess of the $53.1 … exceed the size of the transactionthreshold and would be reported based upon a definitive asset exchangeagreement …
Date
Rule
None stated
Agree.
HSR Informal Interpretations

0506005 Informal Interpretation

… the conclusion with respect to whether thetransaction is reportable under the Fart-Scott-Rodino Antitrust … assets of the trust by the limited partnership should notbe reportable under the Act. Whether the distribution of … units by the trustee to trust unit holders will be reportabledepends upon whether a person holding trust units …
Date
Rule
801.2(f)(2), 802.51
Agree, treat as formation & not reportable. MV concurs.
Rules

Disposal of Consumer Report Information and Records

… Disposal of Consumer Report Information and Records Disposal of Consumer Report Information and Records This Rule requires businesses … and individuals that maintain or otherwise possess consumer reports and records for a business purpose to take …
Rule Updated Date
This Rule requires businesses and individuals that maintain or otherwise possess consumer reports and records for a business purpose to take appropriate measures to dispose of sensitive information...
Text of Rule
HSR Informal Interpretations

0505005 Informal Interpretation

… of a conversioninto common stock, the conversion may be reportable if the jurisdictionalthresholds are met (and if …
Date
Rule
801.1(f)
I think that A is probably acquiring the notes with the expectation that they will attain voting rights. Given that and the fact that he has time to anticipate this event and file if necessary, Im...
HSR Informal Interpretations

0505019 Informal Interpretation

… or pursuant to 801.21of this chapter, is exempt from the reporting requirements if the acquiredissuer ...and all … 802.4 and 802.50 would exempt the transaction from reporting under theAct. Based on ourconversation and your … Pleasecontact us immediately if our understanding of the reporting requirements withrespect to this transaction is …
Date
Rule
802.4, 802.51
Confirmed with writer that analysis is correct.
HSR Informal Interpretations

0505002 Informal Interpretation

… durable goods exception in Rule 802.2(d)(4), and not be reportable. Howeversince they are being sold in connection … are generally considered assets and are notexempt for reporting requirements. However, if we have a legitimate …
Date
Rule
802.2(d)
Operating leases that are being stepped into are valued only at whatever premium (if any) is paid to the current lessee. The second question does not present problems.
Federal Register Notice

Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act - 16 CFR Part 316

… Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act - 16 CFR Part … Federal Register Notice Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act - 16 CFR Part … 050512canspamact.pdf … Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act - 16 CFR Part …
Date
HSR Informal Interpretations

0505016 Informal Interpretation

… Subsidiary B (a corporation) by Parent A is exempt from thereporting requirements under Section 7A(c)(10) as Parent B's … Subsidiary B (a corporation) by Parent B is exempt from thereporting requirements under Rule 802.30 as Parent B (as the …
Date
Rule
15USC18a(c)(10) 7A(c)(10)
This is pro rata spin off of a sub to the shareholders of the parent. Both A & B are exempt under 7A(c)(10).
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