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We think this falls squarely under Item 4(d)(ii), assuming it is not over a year old. If it is older than one year, even though it is arguably not responsive to 4(c) because there was no deal on the...

If a document is responsive to both just list it once in 4(c). You can footnote the fact that it is also responsive to 4(d) if you wish. Only provide one copy of the document.

Agree with BOTH. K Walsh concurs.

Agree with BOTH. K Walsh concurs.

Refer to comments below.

Refer to comments below.