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HSR Informal Interpretations

0501008 Informal Interpretation

… does not require a different analysis, or result in any reportabletransactions separate from the 801.50 formation … of a 50% membership interest in Newco is exemptfrom the HSR reporting requirements pursuant to new16 C.F.R. 802.4, … than $50 million ofnon-exempt assets) is exempt from HSR reportingrequirements. Here, the assets of the Business …
Date
Rule
801.50, 802.4
Agree
HSR Informal Interpretations

0501006 Informal Interpretation

… Pennsylvania Avenue, N.W. Washington, D.C. 20580 Re: Non-Reportability Of Certain Indirect Acquisitions ofPartnership … of interests in a limited partnership would not bereportable under the Hart-Scott-Rodino Antitrust … Because the transaction is complicated and involvesanother reportable transaction, I thought it best to give you the …
Date
Rule
802.4
Agree
HSR Informal Interpretations

0501005 Informal Interpretation

… Italian LLC as part ofthat formation would not constitute reportable acquisitions (pending theProposed Changes), even … and contributionelements of the transaction would remain nonreportable (pending the ProposedChanges) even if Italian LLC … recognize that the transaction willalmost certainly be reportable once the Proposed Changes are …
Date
Rule
801.2, 802.4
Agree
HSR Informal Interpretations

0412013 Informal Interpretation

… D.C. 20580 Re: Confirmation of Advice Regarding HSR Reportability Dear Mr. Verne: Thankyou for taking the time … to speak with me earlier this week about the potential HSR reporting obligations that may arise in the … the same line of business, and theirfinancial results are reported to the shareholder and members in a …
Date
Rule
801.1(b), 801.14
Agree.
HSR Informal Interpretations

0412011 Informal Interpretation

… in commerce, acquisitions by thatcorporation might be reportable, and because (redacted) isn't an entity,it can't … "corporation engaged in commerce" that might bea potential reporting person? Am I saved by the (fortuitous) fact that …
Date
Rule
804.1(a)(2)
If the acquisition vehicle was a corporation, the transaction is potentially reportable because the corporation is an entity and would be the acquiring person.
HSR Informal Interpretations

0412010 Informal Interpretation

… Avenue, N. W. Washington, D.C. 20580 Re: Premerger ReportingObligations: Ordinary Course Exemption Dear Mike. … and your view t thetransaction should not be subject to the reporting requirements of the Hartt-Scott-RodinoAntitrust …
Date
Rule
15USC18a(c)(1) 7A(c)(1)
Agree.
HSR Informal Interpretations

0412008 Informal Interpretation

… the stock of Target for $300 million. Transaction isreportable; ultimate parent LLC and Target company file; … of Corporate subsidiary stock toLLC members, separately reportable? Or does the filing for acquisition ofTarget …
Date
Rule
801.40
Correctly, the last step would be reportable as an 801.40 formation. Proposed 802.10 would exempt it as long as pro-rata.
HSR Informal Interpretations

0412007 Informal Interpretation

… inthe LLC. CURRENT RULES Theonly party with a potential reporting obligation is A, because it is the onlyparty … a partnership rather than an LLC, thatalso would not be reportable as partnership formation is not reportable. A doesnot have any reporting obligation for its …
Date
Rule
FI 15
Agree.
HSR Informal Interpretations

0412003 Informal Interpretation

… intoshares of I participating preferred stock would be reportable if thresholdtests are satisfied and no exemption … stockholders, however, such stockholder(s) would nothave to report its or their acquisition of participating preferred … I's acquisition ofthe Class A Unit would be exempt from reporting requirements under theintraperson exemption. Under …
Date
Rule
15USC18a(c)(10) 7A(c)(10), 801.1(f)
Agree.
HSR Informal Interpretations

0411006 Informal Interpretation

… of the portfolio must be separately analyzed for potential reportabilility under the Act. I pointed out that some of …
Date
Rule
15USC18a(c)(1) 7A(c)(1)
Agree. UPDATE: December 9, 2021: This no longer represents the positon of the PNO. Section 7A(c)(1) does not exempt the assets underlying the exempt financial instrument, such as a lease. Another...
HSR Informal Interpretations

0411005 Informal Interpretation

… filing threshold, the proposed transaction will be reportable unlessone of the exemptions provided by Part 802 … Pleaseconfirm that this transaction will be exempt from reporting requirements underRule 802.50. Email …
Date
Rule
802.50
Agree that this is a reasonable method of allocating the value of the transaction between the U.S. & Foreign assets.
Federal Register Notice

Related Identity Theft Definitions of Active Duty Alerts, and Appropriate Proof of Identity Under the Fair Credit Reporting Act - 16 CFR Parts 603, 613, and 614

… and Appropriate Proof of Identity Under the Fair Credit Reporting Act - 16 CFR Parts 603, 613, and 614 Federal … and Appropriate Proof of Identity Under the Fair Credit Reporting Act - 16 CFR Parts 603, 613, and 614 … and Appropriate Proof of Identity Under the Fair Credit Reporting Act - 16 CFR Parts 603, 613, and 614 …
Date
HSR Informal Interpretations

0410011 Informal Interpretation

… your advice with respect to whetherthat transaction is reportable under the Hart-Scott-Rodino AntitrustImprovements … of an LLC asfollows: The PNO will henceforth treat asreportable the formation of an LLC if (1) two or more … membership interest in anexisting LLC will be a potentially reportable event (1) if it results in theacquiring person …
Date
Rule
801.21, FI 15
Agree
HSR Informal Interpretations

0410003 Informal Interpretation

… & Pennsylvania Avenue, N.W. Washington, D.C. 20580 Re: Non-Reportability of Secondary Acquisition When Primary … on Wednesday, October 6, 2004, regarding the non-reportability of a secondary acquisition when the primary acquisition is exempt from reporting under the Hart-Scott-Rodino Act of 1976, as …
Date
Rule
801.4, 802.51
Agree. N Ovuka concurs. UPDATE March 23, 2015: The PNO’s current position is that where the primary acquisition is exempt under 802.51 or 802.52, any secondary acquisition (as defined in Section 801.4...
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