2206003 Informal Interpretation

Sheinberg, Samuel I.
From: 	HSRHelp
Sent: 	Friday, June 24, 2022 8:02 AM
To: 	Wa lsh, Kathryn E. ; Berg, Ka ren E. ; Musi ck, Vessel ina; Shaffer, Kr istin; She inberg, Samuel I.; Six, Anne;
Fetterman, Miche ll e
Subject: 	FW: HSR Question - Pu ll and Refile
From: Whitehead, Nora < nw hitehead@ftc.go v>
UTC-05:00) Eastern Time ( US & Ca nada)	Sent: Frida , June 24, 2022 8:01:53 AM
To:
Cc: 	e p < 	e p 	c.gov>
Subject: RE: HSR Quest ion - Pu ll and Refile
Yes, pl ease provide the agreement and updated affidavit with the refile. This does not create an ob li gation on the
acquired person, un less the substance of the d ea l has changed such that th is is really a " new fi ling" rather than a pul l
and refi le on the same deal (w hi ch does not appear to be the case from y our email).
From: HSRHelp <HSRHe lp@ftc.go v>
Sent: Thursda y, June 23, 2022 5:07 PM
To: Walsh , Kathryn E. <kwalsh@ftc.gov>; Berg, Karen E.<KBERG@ftc.gov>; Musick, Vesse li na <vmusick@ftc.gov>;
Shaffer, Kr istin <kshaffer@ftc.gov>; She inberg, Samuel I. <SSHE INBERG@ftc.gov>; Six, Anne <asix@ftc.gov>; W hitehead,
Nora <nw hitehead@ftc.gov>; Fetterman, Michelle <mfetterman@ftc.gov>
Subject: FW: HSR Question - Pu ll and Refile
From:
Sent: 	C-05:00) Eastern Time ( US & Canada )
To: HSRHe l 	< HSRHel @ftc. ov >
Cc:
Su
Good afternoon -
We are preparing to pu ll and refi le an HSR filing on Monday. We fi led the or igi na l HSR off of an LO I. Howev er, since our
HSR filing, the part i es have executed a purchase agreement. As you are aware, the pull and refi le ru le only specifies that
you need to update Items 4(a), 4(b ), 4(c), and 4(d). So 3(b) (the agreement) is technica lly not required to be up dated;
howev er, to re-certi fy you need to attest to the good faith i ntent to complete the transaction as described in the latest
form of agreement - w hi ch here wou ld be the executed definit ive agreement.
Based on these facts, do we need to up date Item 3(b) wi th the executed agreement and reflect the executed agreement
in the affidavit?
Second, does th is in an yw ay create a request for the acquired person to re-file?
Thank you,
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