2504005 Informal Interpretation

We have a clarifying question regarding “Select 801.30 Transactions.”

Assume that an individual serves as an independent director on the board of an entity within the acquiring person and also as an independent director on the board of the target (which is not a competitor of the acquiring person). Given that the common director is independent, the acquiring person does not have, and will not obtain, the right to serve as, appoint, veto or approve board members, or members of any similar body, of an entity within the acquired person or the general partner or management company of any entity with the acquired person. Can you confirm that, absent such rights, the existence of a common independent director does not prevent a transaction from qualifying as a Select 801.30 Transaction (assuming the other relevant criteria are met)?