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1705005 Informal Interpretation
us-ftc-hsr-informal-interpretations-26700ad1437de64b9e1d78cfe487ef3c1705005 Informal InterpretationGuidance
Date
Rule
801.10
Response/Comments
We agree that the shares would be valued at the “Market Price.”
Question
From: Storm, Evan
Sent: Friday, May 12, 2017 2:15 PM
To: [Redacted]
Cc: Shaffer, Kristin; Carson, Timothy; Whitehead, Nora; Gillis, Diana L.
Subject: RE: Question regarding option exercise
[Redacted]
We agree that the shares would be valued at the “Market Price.”
Regards
Evan
From: [Redacted]
Sent: Friday, May 12, 2017 7:43 AM
To: Storm, Evan
Subject: Question regarding option exercise
Evan, if an optionholder plans to make a cashless exercise (as in the second part of interpretation #1704001), can you confirm that if the optionholder retains some or all of the shares (as opposed to selling all on the same day), then such newly-acquired shares would be valued at the “Market Price” (pursuant to 801.10(c)(1), since the “acquisition price” is $0), and not the current trading price?
[Redacted]
1 Haynes, Lanea From: Storm, Evan Sent: Friday, May 12, 2017 2:15 PM To: Cc: Shaffer, Kristin; Carson, Timothy; Whitehead, Nora; Gillis, Diana L. Subject: RE: Question regarding option exercise We agree that the shares would be valued at the “Market Price.” Regards Evan From: Sent: Friday, May 12, 2017 7:43 AM To: Storm, Evan Subject: Question regarding option exercise Evan, if an optionholder plans to make a cashless exercise (as in the second part of interpretation #1704001), can you confirm that if the optionholder retains some or all of the shares (as opposed to selling all on the same day), then such newly-acquired shares would be valued at the “Market Price” (pursuant to 801.10(c)(1), since the “acquisition price” is $0), and not the current trading price?
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