Skip to main content
Date

Tags:

Rule
801.10
Staff
Sam Sheinberg
Response/Comments

 You are correct to use the FMV.

Question

From: Sheinberg, Samuel I.
Sent:
Friday, January 19, 2018 4:58:00 PM


To:
[Redacted]


Cc:
HSRHelp

Subject: RE: Valuing non-exempt equity received for debt in a reorganization

[Redacted]

 

You are correct to use the FMV.

 

Sam

 

From: [Redacted]


Sent:
Thursday, January 18, 2018 4:44:45 PM


To:
[Redacted]


Subject:
Valuing non-exempt equity received for debt in a reorganization

 

Hello all,

 

This seems like it should be a very basic question, but I’m not sure of the answer and I can’t find any informal interpretations on the subject.

 

When an entity has acquired debt after the announcement of bankruptcy so that § 802.63 does not apply, how is the value of the equity it acquires in the reorganization calculated under § 801.10? Is the amount of debt being exchanged/extinguished in the reorganization considered the “acquisition price” or is the acquisition price deemed not determined, so that the fair market value of the equity in the reorganized company is used. In the later case, it would seem that the good faith basis for the calculation of the fair market value is the value of the equity in the reorganized company.

 

Thank you very much.

 

[Redacted]

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

Learn more about Informal Interpretations.