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HSR Informal Interpretations

9011008 Informal Interpretation

… if it wished to maintain its qualification as a real estate investment trust, may not operate (redacted) except in … periods of time. You have advised that, as a real estate investment trust, which does not, except on a temporary …
Date
Rule
802.63
[note 1-Continuum theory - not reportable - if [redacted] shares are not sold then theyshould file for them]-[note 2-continuum theory applies]-[note 3-802.63 lease Financing]
HSR Informal Interpretations

9011010 Informal Interpretation

… remain with the Lessees: (i) The Lessor has no equity investment in the Property and Equipment; (ii) The Lessees … and other charges. The Lessors role as landlord is purely passive with respect to the Property. Furthermore, it is the …
Date
Rule
801.2
Lessor - title, security interest. Lessee - possession, risk of loss due to damage or use of the leased assets arising from lease. Right to require sale to third party . Right to acquire for greater...
HSR Informal Interpretations

9010002 Informal Interpretation

… around the world, including, without limitation, numerous investments in both developed and undeveloped real estate. … that its core business is property development and investment and that the Property is only one of numerous real estate investments and developments in its real estate portfolio. …
Date
Rule
7A(c)(1); 802.1(b)
10/12/90 Called (redacted) and said the Premerger Office agreed with his conclusion. On page 4, paragraph 2, second sentence, advised that this office views office buildings and residential buildings...
HSR Informal Interpretations

9009011 Informal Interpretation

… a separate account may or may not be registered as a unit investment trust under the Investment Company Act of 1940, this inquiry relates only to … separate accounts which are themselves registered as unit investment trusts, invest the assets from the sale of …
Date
Rule
801.1(c)(2); 801.11(c)(1)
Advised that 801.1(c)(2) requires insurance company to include assets held in a separateaccount for size of person test. - JDahnke 9/20/90
HSR Informal Interpretations

9009001 Informal Interpretation

… sheet of the corporation is counted, along with other investment assets. We will assume that this analysis is …
Date
Rule
801.11
For purposes of the size-of person test for an individual, include the financials of all entitiescontrolled plus any other investment assets. Exclude personal assets such as a house or car. Include...
HSR Informal Interpretations

9009002 Informal Interpretation

… our client a corporation that qualifies as a “real estate investment trust” or “REIT” under the Internal Revenue Code … , is a corporation engaged in the business of making passive investments in health care facilities and qualifies … REIT under the Code is one that engages in long-term passive investments in real estate on behalf of a relatively …
Date
Rule
802.63
Sale - leaseback in ordinary course
HSR Informal Interpretations

9008004 Informal Interpretation

… (redacted) related to (redacted) taxation as a real estate investment trust. Exhibit I (redacted) Lease Term Sheet …
Date
Rule
801.40
The formation of the companies are steps in a subsequent merger. Since it is a merger,801.40 cannot apply. If there were no merger, then it will be subjected 801.40.
HSR Informal Interpretations

9008008 Informal Interpretation

… immediately resell the stock of Company A to or through an investment backing firm for approximately $18 million.   … Company B resells those voting securities to or through an investment banker for cash. The voting securities conveyed … Company A’s voting securities “solely for the purpose of investment”, that transaction is also exempt from the Act. …
Date
Rule
801.10(c)(2)
8/30 Advised (redacted) that as long as none of the payment of Company C’s debt to Company B was disguised consideration for the purchase of C’s stock, there is no basis for questioning the $9 MM...
Advocacy Filings

FTC Staff Comment Before the Office of the Comptroller of the Currency In the Matter of Fiduciary Powers of National Banks and Collective Investment Trusts

… Matter of Fiduciary Powers of National Banks and Collective Investment Trusts Enviado por wfg-adm109 el Mar, 01/05/1990 … Matter of Fiduciary Powers of National Banks and Collective Investment Trusts v900035.pdf Advocacy Filing … FTC Staff … Matter of Fiduciary Powers of National Banks and Collective Investment Trusts …
Date
Matter Number
V900035
HSR Informal Interpretations

8912004 Informal Interpretation

… rolling stock) through the use of lease financings (the investment assets). The lease financings through which our … its interest in purchasing substantially all of the investment assets described above. Bank Subsidiary, Inc. … financings and, like our client, will hold the assets for investment purposes only. We seek confirmation that under …
Date
Rule
7A(c)(11), 802.63(c)(1)
The transaction is not exempt, substantially all of the sellers assets cannot be purchased inthe ordinary course.
HSR Informal Interpretations

8912006 Informal Interpretation

… would be (1) an acquisition solely for the purpose of investment, (2) by a bank (you agreed that an acquisition by … only from the perspectibve of the buyer (exempting a banks investment acquisitions made in the ordinary course of its …
Date
Rule
7A(c)(11)
Transaction is not exempt - bank is not buying for investment only when buying all of theassets of a line of business from a competitor. John Sipple concurs
HSR Informal Interpretations

8907003 Informal Interpretation

… The sole limited partner of Seller is a large equity investment company (referred to herein as the Equity Company), which primarily makes real estate investments and is 100% owned by a finance company engaged, … individual general partners of the general partnership have investments in a number of other hotel properties. Buyer is …
Date
Rule
802.1
7/17/89 Called (redacted) and (redacted) not in and I spoke to (redacted) advised that hotelappeared to be a turnkeyfacility and, as such, would not be reportable. If seller operationonly a few weeks...
HSR Informal Interpretations

8906005 Informal Interpretation

… A is a large (redacted) company with numerous direct investments in real estate and Company B is a (redacted) … involved in the purchase and sale of office building for investment purposes. For purposed of this discussion we will …
Date
Rule
802.1
Exempt under 802.1, not (c)(1)
HSR Informal Interpretations

8903006 Informal Interpretation

… the other day, (redacted) in its capacity as real estate investment advisor to corporate pension plans and government …
Date
Rule
801.1(c); 7A(c)(4)
called 3-10-89 and conveyed the information below. It was determined that this trust is a revocable trust. The focus on this issue is who controls the trust not who the beneficiaries are. Since this...
Displaying 1761 - 1780 of 1860
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