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Date

Tags:

Rule
Item 4(b)
Staff
Sam Sheinberg
Response/Comments

Yes, the acquired person and acquired entity must provide their own financials.

Question

[Redacted]

 

Yes, the acquired person and acquired entity must provide their own financials.

Best regards,

Sam Sheinberg

 

From: [Redacted]


Sent: Tuesday, March 13, 2018 3:41:57 PM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Subject: FTC HSR question re: Item 4(b)

Dear PNO Staff –

Could you clarify the Item 4(b) requirement as it applies to an Acquired Person in an sale of assets: Does the Acquired UPE have to provide its own annual report in addition to the annual report of the Acquired Entity (whose assets are being acquired)? (I note that Page II of the Instructions says that “The acquired person should limit its response: 1) in the case of an acquisition of assets to the assets being acquired.”)

Thanks,

[Redacted]

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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.

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