18030004 Informal Interpretation

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Sheinberg, Samuel I.
From:
Sent: 	Wednesday, March 14, 2018 10:20 AM
To: 	Sheinberg, Samuel I.
Subject: 	Re: FTC HSR question re: Item 4(b)
Thanks,Sam 


SentfrommyiPad

OnMar14,2018,at8:33AM,Sheinberg,SamuelI.<SSHEINBERG@ftc.gov>wrote:


Yes,theacquiredpersonandacquiredentitymustprovidetheirownfinancials.

Bestregards,

SamSheinberg
Attorney
PremergerNotificationOffice
FederalTradeCommission


From:
Sent: Tuesday, March 13, 2018 3:42 PM
To: Walsh, Kathryn E.; Berg, Karen E.; Carson, Timothy; Shaffer, Kristin; Sheinberg, Samuel I.;
Whitehead, Nora; Davis, Alpa D.
Subject: FW: FTC HSR question re: Item 4(b)


From:
Sent: Tuesday, March 13, 2018 3:41:57 PM (UTC-05:00) Eastern Time (US & Canada)
To:
Subject: FTC HSR question re: Item 4(b)
Dear PNO Staff –

Could you clarify the Item 4(b) requirement as it applies to an Acquired Person in an sale of
assets: Does the Acquired UPE have to provide its own annual report in addition to the
annual report of the Acquired Entity (whose assets are being acquired)? (I note that Page II
of the Instructions says that “The acquired person should limit its response: 1) in the case
of an acquisition of assets to the assets being acquired.”)

Thanks,

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