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HSR Informal Interpretations

8406006 Informal Interpretation

… conversation today, I requested an informal opinion relating to the following factual situation. FACTS A … as a cash tender offer, a merger, or both? A closely-related issue is which waiting periods will apply under the act. INFORMAL OPINION You explained that, in the above-described situation, the …
Date
Rule
803.5
No written comments
HSR Informal Interpretations

8406010 Informal Interpretation

… Trade Commission Washington, D.C. 20580 Attn: Wayne Kaplan, Esq. Confirming our telephone conversation of …
Date
Rule
7A(c)(2)
Does not meet the size-of-person test. That is, if $5 million represents total assets of person and revenues not more than $10MM. Called [redacted] $5 M does not represent total assets and revenues...
Advisory Opinions

Kitsap Physicians Service

… physicians as participants, to close off access to the plan to additional physicians. 31.pdf Advisory Opinion … …
Date
re: Concerning a proposal by a physician-owned IPA/HMO, with most of the local physicians as participants, to close off access to the plan to additional physicians.
Kitsap Physicians Service - Letter from Arthur N. Lerner to William G. Kopit, E…
Testimony

Testimony Concerning Oil Company Merger Divestiture Safeguards (H.R. 5452)

… Testimony Concerning Oil Company Merger Divestiture Safeguards (H.R. 5452) Testimony Concerning Oil Company Merger Divestiture Safeguards (H.R. 5452) … Testimony Concerning Oil Company Merger Divestiture Safeguards (H.R. 5452) …
Date
By
Michael Pertschuk, Former Chairman
HSR Informal Interpretations

8405004 Informal Interpretation

… May 10, 1984, this is to advise you that (redacted) a Delaware corporation (redacted) intends to acquire certain … will purchase from (redacted), a bank organized under the laws of (redacted) certain inventory, equipment and other … with these transactions because of the minimum dollar exemption set forth in 16 C.F.R. 802.20 promulgated …
Date
Rule
802.20
Called 5-17-84. I concur.
HSR Informal Interpretations

8405005 Informal Interpretation

… (redacted) (Redacted) (Redacted) May 15, 1984 Wayne E. Kaplan, Esquire Premerger Notification Office Federal Trade … Commission Washington, D.C. 20580 (Redacted) Dear Mr. Kaplan: On the basis of our telephone conversation last Thursday, I thought I might add a few thoughts to …
Date
Rule
7A(c)(2); 801(c)(3)
No written comments
HSR Informal Interpretations

8405006 Informal Interpretation

… value. Both of the following interpretations concern calculation of the acquisition price of assets to be acquired … make payments to that employee under the contract. You explained that Company As agreement to assume such a contract … to Rule 801.10(b), the size of the transaction is calculated based upon the good faith estimate by Company As Board …
Date
Rule
801.10(b)
No written comments
HSR Informal Interpretations

8405001 Informal Interpretation

… Informal Interpretation [Redacted] May 1, 1984 Wayne Kaplan  Federal Trade Commission Room 301 7th & Pennsylvania … D.C. 20580 Re: Pre-Merger Notification Dear Mr. Kaplan: I am writing to outline the substance of our recent … . Key financial information on these entities (from the last audited financial statements) is as follows: …
Date
Rule
5/1/84 - Mutual Fund related problem; restructuring would accelerate fiscal year of money market fund.4/30 or 5/31 - Need audited statement within 60 days of close of period and must issue financial...
HSR Informal Interpretations

8404001 Informal Interpretation

… (redacted)(redacted) (Redacted) April 2, 1984 Mr. Wayne Kaplan Premerger Notification Office Bureau of Competition Room … Federal Trade Commission Washington, D.C. 20580 Dear Mr. Kaplan: This letter is to confirm our telephone conversation of … it was formed in May of 1983 and that it is without a regularly prepared balance sheet. You have confirmed both to me …
Date
Rule
7A(a)
No written comments
HSR Informal Interpretations

8404003 Informal Interpretation

… the nature of the transaction and the preexisting relationship between the parties. On December 16, 1974, … construct, own and operate an electric power generating plant (generating plant) and related lignite mining facilities and equipment …
Date
Rule
801.2
Reportable
HSR Informal Interpretations

8404005 Informal Interpretation

… will form Partnership A. Partnership A will join with unrelated party B to form Newco. Partnership A will own 75% of Newco, unrelated party B will own 25% of Newco. Newco will receive a … from A and B. Newco also will borrow $25 million from unrelated sources, and these funds will not be guaranteed by any …
Date
Rule
801.40
No written comments
HSR Informal Interpretations

8404006 Informal Interpretation

… Re:(redacted) Dear Sandy: As we discussed on the telephone last Friday, (redacted) has signed an agreement to acquire … the (redacted) limited partnerships. This should particularly be the case where, as here, the transaction has no … of the ordinary course of business standard and the lack of guidance provided to the oil industry to date has …
Date
Rule
802.20; 802.1
No written comments
HSR Informal Interpretations

8404009 Informal Interpretation

… reporting and waiting requirements of Section 7A of the Clayton Act do not apply to the following leveraged buy-out … of its partners need not be considered. Cs most regularly prepared balance sheet shows total assets of $5.8 million, consisting …
Date
Rule
801.40
No written comments
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