No, because the scenario you describe is subject to an agreement.
Question
From: Whitehead, Nora
Sent: Monday, March 31, 2025 3:02:04 PM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp
Subject: RE: Question Re Select 801.30
No, because the scenario you describe is subject to an agreement.
From: [Redacted]
Sent: Thursday, March 27, 2025 1:28 PM
To: HSRRuleReview
Subject: Question Re Select 801.30
Good afternoon!
I am compiling backside filings for the CEO and CTO of a target. These executives will receive a mix of cash and stock in the acquiring UPE in exchange for the acquisition of their shares in the target. Does this qualify as a select 801.30 executive-compensation transaction?
Thanks for your help.