2508002 Informal Interpretation

us-ftc-hsr-informal-interpretations-fa04fce03459300d09e7a3414eb5edbe2508002 Informal InterpretationGuidance

Date
Rule
Cash Tender Offer
Staff
Premerger Notification Office
Response/Comments

We disagree. Based on the facts provided, the percentage of voting securities that are purchased entirely with cash is 0.

Question

Our client is publicly launching a tender offer to acquire 100% of the voting securities of Target. The offer consideration consists of a mix of cash and stock, that is, a Target shareholder that tenders its Target shares to the offer will receive a fixed amount of cash and a fixed amount of stock per Target share. The cash portion of the tender offer will be 75% (well over 50%) of the voting securities of Target. Could you please confirm that our client can qualify for the 15-day waiting period? See interpretation https://www.ftc.gov/legal-library/browse/hsr-informal-interpretations/16110006.

Continua la tua ricerca in ChatGPT o Claude

Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.