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1709010 Informal Interpretation
us-ftc-hsr-informal-interpretations-492df01f10950cd4f385d855d42fb1d11709010 Informal InterpretationGuidance
Date
Rule
801.11(e), 802.63
Response/Comments
correct
Question
correct
From: [Redacted]
Sent: Friday, September 22, 2017 11:39 AM
To: Walsh, Kathryn E.; Berg, Karen E.; Gillis, Diana L.; Shaffer, Kristin; Sheinberg, Samuel I.; Whitehead, Nora; Carson, Timothy
Subject: Bankruptcy Question
Kate and Team,
Please confirm my understanding that a debtor in a bankruptcy proceeding is its own UPE and that, in the context of an acquisition pursuant to Section 363, either the Chapter 11 bankruptcy trustee or the debtor‐in‐possession, as applicable, files and signs the HSR report and affidavit on behalf of the debtor.
Thank you.
[Redacted]
1 Haynes, Lanea From: Gillis, Diana L. Sent: Friday, September 22, 2017 11:44 AM To: Walsh, Kathryn E.; Berg, Karen E.; Shaffer, Kristin; Sheinberg, Samuel I.; Whitehead, Nora; Carson, Timothy Subject: RE: Bankruptcy Question correct From: Sent: Friday, September 22, 2017 11:39 AM To: Walsh, Kathryn E.; Berg, Karen E.; Gillis, Diana L.; Shaffer, Kristin; Sheinberg, Samuel I.; Whitehead, Nora; Carson, Timothy Subject: Bankruptcy Question Kate and Team, Please confirm my understanding that a debtor in a bankruptcy proceeding is its own UPE and that, in the context of an acquisition pursuant to Section 363, either the Chapter 11 bankruptcy trustee or the debtor‐in‐possession, as applicable, files and signs the HSR report and affidavit on behalf of the debtor. Thank you.
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