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Advisory Opinions

Opinion 96-5

… Opinion 96-5 Opinion 96-5 Inapplicability of the Franchise Rule retroactively where … the business opened. Concludes that the result does not change if the franchisor sues the franchisee for breach of …
Date
Inapplicability of the Franchise Rule retroactively where the parties anticipated at the time of the purchase that the Rule would not apply because the only required payments were deferred until at...
HSR Informal Interpretations

9611005 Informal Interpretation

… 9611005 Informal Interpretation 9611005 Informal Interpretation … (redacted) November 8, 1996 Richard B. Smith, Esq,. Premerger Notification Office Bureau of Competition Federal Trade Commission 6th Street and Pennsylvania Avenue, N.W. Washington, D.C. 20580 …
Date
Rule
802.64 (a)(7)
11/14/96 Advised writer that it was the view of the PMN Office (PS, NO, TH and VC) that(redacted) can qualify as a finance company under 802.64(a)(7). I pointed out to the writer that in order to use...
HSR Informal Interpretations

9611003 Informal Interpretation

… 9611003 Informal Interpretation 9611003 Informal Interpretation … November 6, 1996 VIA COURIER Richard Smith Premerger Notification Office Bureau of Competition Federal Trade … This is to confirm the content of our conversations today and on Monday, November 4, 1996, and to provide you with …
Date
Rule
801.1(b)(2)
11/14/96 - Agreed with conclusion of letter. In order to have an objective, easily administrable control by contract criterion, the test is whether the person has the contractual power to appoint half...
HSR Informal Interpretations

9611004 Informal Interpretation

… 9611004 Informal Interpretation 9611004 Informal Interpretation John M. Sipple, Esq., Premerger Notification Office, Bureau of Competition Federal Trade … Mr. Sipple:             We represent two foreign banking and finance companies (redacted) and (redacted), both …
Date
Rule
802.51(d)
11/8/96 – Advised caller’s assistant that income from securities and other investments must be included in revenues for 802.51(d) even though such securities and investments may be in foreign firms...
Federal Register Notice

Submission for OMB Review

… Submission for OMB Review Federal Register Notice Submission for OMB Review …
Date
HSR Informal Interpretations

9611001 Informal Interpretation

… 9611001 Informal Interpretation 9611001 Informal Interpretation … (redacted) November 5, 1996 Victor L. Cohen, Esquire Premerger Notification Office Bureau of Competition Federal Trade … of the Hart-Scott-Rodino Antitrust Improvements Act and Rules to the transaction described below. A owns a …
Date
Rule
801.1(c); #70 Premerger Notification Practice Manual
Based upon the agreement of the parties to consummate the transaction requiring C to convert debt into equity as an integral step in the acquisition process and because C will only hold the voting...
HSR Informal Interpretations

9611002 Informal Interpretation

… 9611002 Informal Interpretation 9611002 Informal Interpretation … C. is currently the ultimate parent entity (UPE) of Corp. A and has gross assets in excess of $10 million. 2. Three … X, Y & Z will contribute (through a series of merger transactions) to Corp. A the voting securities of all of …
Date
Rule
801.40; Interpretation #199
Section 801.40 applies to this transaction based on the fact including: identity of the purchasers is known, sale of stock is timely to the shareholders and IPO; the money raised is used to purchase...
HSR Informal Interpretations

9611007 Informal Interpretation

… 9611007 Informal Interpretation 9611007 Informal Interpretation … Bureau of Competition Room 303 Federal Trade Commission 6th and Pennsylvania Avenue, N.W. Washington, D.C. 20580 … obtains authorization, clearing, and settlement of those transactions through inter-exchange systems.] a. A1 will …
Date
Rule
7A(c)(1)
Acquisition of credit card servicing rights relating to the authorization, clearing & settlement of transactions based on credit card sales is considered an acquisition of assets that is exempt as...
HSR Informal Interpretations

9611009 Informal Interpretation

… 9611009 Informal Interpretation 9611009 Informal Interpretation … individual shareholders are twenty-two (22) natural persons and no one controls Corp. A or LTD. Moreover, the … parent entity of LTD, Corp. A and Corp. B. In a series of transactions which will occur on the same day, the client …
Date
Rule
7A(c)(3); 7A(c)(10)
When Corp. A acquires the remaining 70% partnership interest in LTD it has acquired the LTD assets and creates a fileable event. Since the partnership is collapsed Corp. A may place the assets into...
HSR Informal Interpretations

9611012 Informal Interpretation

… 9611012 Informal Interpretation 9611012 Informal Interpretation … Office Bureau of Competition Room 303 6th Street and Pennsylvania Ave., N.W. Washington, D.C. 20580 … chosen by the parties independently by Hart-Scott-Rodino considerations, is described as follows: Company A and …
Date
Rule
801.40 (LLC formation)
Formation of an LLC that has a governing body limited to officers, directors or employees of forming persons, who each take back a 50% interest in the LLC, is considered to be the formation of a...
Displaying 42361 - 42380 of 45643
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