us-ftc-hsr-informal-interpretations-b37341369dfe86c7a8be6c780edd29de•1811006 Informal Interpretation
1811006 Informal Interpretation
us-ftc-hsr-informal-interpretations-b37341369dfe86c7a8be6c780edd29de1811006 Informal InterpretationGuidance
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The limited partnership fund is the minority shareholder for purposes of this hypo, so only that should be listed along with the minority percentage held in response to Item 6(b).
Question
From: Carson, Timothy
Sent: Tuesday, November 13, 2018 4:37:12 PM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: [Redacted]
Subject: RE: Item 6(b)
The limited partnership fund is the minority shareholder for purposes of this hypo, so only that should be listed along with the minority percentage held in response to Item 6(b).
From: [Redacted]
Sent: Friday, November 9, 2018 10:37:01 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Subject: Item 6(b)
Good morning,
I am working on an HSR form for a fund and want to make sure that I am reporting correctly under Item 6(b).
The UPE controls the Acquiring Entity because it holds >50% of the voting shares. The remainder of the shares in the Acquiring Entity are held by another fund that is a limited partnership. Based on Informal Interpretation 1607001, I plan to list the following in Item 6(b):
ISSUER/ | SHAREHOLDER/ | HQ ADDRESS | % HELD |
|
Name of Acquiring Entity | Name of General Partner (General Partner of >5% shareholder) |
|
|
|
Is this correct? Or do I need to list the name of the limited partnership and the percentage it holds in the Acquiring Entity?
1 Sheinberg, Samuel I. From: Carson, Timothy Sent: Tuesday, November 13, 2018 4:37:12 PM (UTC-05:00) Eastern Time (US & Canada) To: Cc: Subject: RE: Item 6(b) : The limited partnership fund is the minority shareholder for purposes of this hypo, so only that should be listed along with the minority percentage held in response to Item 6(b). From: Sent: Friday, November 9, 2018 10:37:01 AM (UTC-05:00) Eastern Time (US & Canada) To: Subject: Item 6(b) Good morning, I am working on an HSR form for a fund and want to make sure that I am reporting correctly under Item 6(b). The UPE controls the Acquiring Entity because it holds >50% of the voting shares. The remainder of the shares in the Acquiring Entity are held by another fund that is a limited partnership. Based on Informal Interpretation 1607001, I plan to list the following in Item 6(b): ISSUER/ UNINCORPORATED ENTITY SHAREHOLDER/ INTEREST HOLDER HQ ADDRESS % HELD Name of Acquiring Entity Name of General Partner (General Partner of >5% shareholder) Is this correct? Or do I need to list the name of the limited partnership and the percentage it holds in the Acquiring Entity?
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