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1707004 Informal Interpretation
us-ftc-hsr-informal-interpretations-22b973c3c6380cea13df59b18e0354831707004 Informal InterpretationGuidance
Date
Rule
801.10
Response/Comments
The PNO will accept any calculation made on a commercially reasonable basis so long as it is made in good faith. Once an FMV calculation is made, you may not deduct any debt amount from it.
Question
From: Whitehead, Nora
Sent: Wednesday, July 26, 2017 10:11 AM
To: [Redacted]
Cc: Shaffer, Kristin; Walsh, Kathryn E.; Berg, Karen E.; Gillis, Diana L.; Storm, Evan; Carson, Timothy
Subject: RE: HSR Question
The PNO will accept any calculation made on a commercially reasonable basis so long as it is made in good faith. Once an FMV calculation is made, you may not deduct any debt amount from it.
Nora Whitehead
(202) 326-3262
-----Original Message-----
From: [Redacted]
Sent: Tuesday, July 25, 2017 9:51 AM
To: Shaffer, Kristin; Walsh, Kathryn E.
Subject: HSR Question
Hope all is well and you are enjoying your summer.
When an acquirer is doing a fair market valuation, may it deduct third party debt to be paid off at closing when making that determination?
I would assume so but have not found anything directly in point.
[Redacted]
1 Haynes, Lanea From: Whitehead, Nora Sent: Wednesday, July 26, 2017 10:11 AM To: Cc: Shaffer, Kristin; Walsh, Kathryn E.; Berg, Karen E.; Gillis, Diana L.; Storm, Evan; Carson, Timothy Subject: RE: HSR Question The PNO will accept any calculation made on a commercially reasonable basis so long as it is made in good faith. Once an FMV calculation is made, you may not deduct any debt amount from it. Nora Whitehead (202) 326-3262 -----Original Message----- Sent: Tuesday, July 25, 2017 9:51 AM To: Shaffer, Kristin; Walsh, Kathryn E. Subject: HSR Question Hope all is well and you are enjoying your summer. When an acquirer is doing a fair market valuation, may it deduct third party debt to be paid off at closing when making that determination? I would assume so but have not found anything directly in point.
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