9104016 Informal Interpretation

Date

April 29, 1991

Rule

7A(c)(1); 802.1

Staff

Dick Smith

File Number

9104016

Response/Comments

4/29/91 - (redacted) says timber has not be cut for some 50 to 60 years. Cannot tell exactlybut it is clear that timber not cut in past 5 years (and not in past 50 years). Based on thetimberland rule, advised that sale is deemed by PNM to be in ordinary course of businessand thus exempt under 7A(c)(1) and rule 802.1. RB Smith

Original Image File (54.73 KB)

Question

(redacted)

April 26, 1991

Dick Smith
Premerger Notification Office
Bureau of Competition
Federal Trade Commission
6th & Pennsylvania Avenue, NW
Room 303
Washington, D.C. 20580

Dear Mr. Smith:

In our telephone conversation today, we discussed whether a transaction being contemplated by our client (redacted) would be subject to the premerger notification provisions of 15 U.S.C. Sec. 18(A) or whether it is exempt under C(1). As we discussed, I am sending you written documents regarding the transaction. The material should provide a reasonably complete description of the businesses of both the seller and the buyer, as well as the assets involved in the sale.

We believe that such a transaction would constitute the acquisition of goods or realty transferred in the ordinary course of business, but would like to discuss it with you further after you have had a chance to review the documents. I will call you on Monday, April 29, to discuss the matter.

Thank you for your assistance.

(redacted)

9104016 Informal Interpretation

Question

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