2309003 Informal Interpretation

Sheinberg, Samuel I.
From: 	HSRHelp
Sent: 	Monday, September 11, 2023 4:05 PM
To: 	Walsh, Kathryn E.; Berg, Karen E.; Musick, Vesselina; Sheinberg, Samuel I.; Six, Anne; Whitehead, Nora;
Fetterman, Michelle; Burton, June
Subject: 	FW: Approach when filing as acquiring and as acquired person
To:
Cc: HSRHelp <HSRHelp@ftc.gov>
From: Shaffer, Kristin <kshaffer@ftc.gov>
Sent: Monday, September 11, 2023 4:04:28 PM (UTC-05:00) Eastern Time (US & Canada)
Subject: RE: Approach when filing as acquiring and as acquired person
CONTROLLED
Confirmed.
Best regards,
Kristin
Kristin Shaffer
Attorney
Premerger Notification Office
Federal Trade Commission
202-326-2388 | kshaffer@ftc.gov
From:
Sent: Monday, September 11, 2023 3:49:32 PM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: Approach when filing as acquiring and as acquired person
Dear All:
I understand your preference is that parties submit separate filings when filing as an acquiring and as an acquired
person.
In the filing as acquiring person ( in connection with the receipt of stock as consideration for the sale of a controlled
entity), how would you like us to list the sales/ entities of the entity to be sold? In the past I have included their
information—as they will be owned at the time of the filing—but added asterisks and a footnote to note that this
information relates to the entities being sold and will not be part of the acquiring person post transaction.
Is that an acceptable approach?
Thank you.
Best regards,
.
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