Based on the facts described below, you should file two separate HSR filings, each with the appropriate fee. If the transactions are pursuant to the same agreement or otherwise related, please indicate as much on the HSR forms.
Question
I represent the acquirer in a transaction.
There are two targets being acquired. The two targets are affiliates, and both are owned by overlapping family members and related trusts.
The targets are being sold pursuant to the same agreement and there is one purchase price.
However, each target is its own UPE.
Please assume the acquisition of each target satisfies the size of transaction test and size of person test.
May we do one filing on the acquirer side for both targets?
Would it only be one filing fee payable? (Recognizing the filing fee would be the total transaction value as set forth in the agreement for purposes of determining the filing amount.)