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1109005 Informal Interpretation
us-ftc-hsr-informal-interpretations-12853e05aa7f7f75f12602684f9d66101109005 Informal InterpretationGuidance
Date
Rule
Item 4(d)
Response/Comments
If there's a ClM dated within a year, submit it as 4(d)(i). We only need the ClM that went to the winning bidder and your approach is therefore fine. FYI, if the winning bidder did not retain a copy of the ClM, the seller still needs to submit a copy of the ClM with its filing. Of course, CIMs older than 1 year can still be responsive to 4(c). ClMs created for the sole purpose of financing are not what we have in mind for 4(d)(i). If, however, all you have is a ClM discussing the financing piece, you may want to consider submitting it as a 4(c). I think that's the part you heard.
Question
From: (Redacted)
Sent: Monday, September 12, 20115:56 PM
To: Walsh,Kathryn
Subject: 4(d) Question
Kate,enjoyed your brown bag session today. I have a quick question. Did you say thatCIM's prepared for other bidders had to be turned in when you are alreadyturning in a CIM for the bidder who one the deal? I didn't hear quite clearly.I thought you said turn in CIM for deal, if not that then equivalent of CIM andif not that then CIM for other bidders.
Inmy case, we do have a CIM for the bidder who won the deal and that is aliipropose to file. We wouldn't file CIM's for other bidders. Do you agree?
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