0509001 Informal Interpretation

us-ftc-hsr-informal-interpretations-24dffef8f2605b4ba885f73bb8fffe440509001 Informal InterpretationGuidance

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Date
Rule
Form Item 4(c)2
Staff
Michael Verne
Response/Comments
No only the acquired person needs to provide them.

Question

From: (redacted)
Sent: Thursday, September 01, 2005 9:35 AM
To: Verne,B. Michael
Subject: 4(c) documents

If the Acquired Person provides what is probably 4(c ) documentson their side to the Acquiring Person (and is seen by officers and directors ofthe Acquiring Person) after the transaction document has been executed and thuswas not used to analyze or evaluate the transaction (i.e., the decision to goahead with the transaction was clearly not based at all on such documents),must the Acquiring Person include them as part of its 4(c) documents as well?Let me know. Thanks as always.


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