This due diligence questionnaire is provided to gather information required to evaluate antitrust aspects of the proposed transaction. It lists certain information that is required in order to assess the competitive consequences of the proposed acquisition, and, to determine is preparation of any required Hart-Scott-Rodino filing is necessary.
District of Columbia Hart Scott Rodino Questionnaire
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Multi-State
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US-DD0714
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How to fill out District Of Columbia Hart Scott Rodino Questionnaire?
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FAQ
Under the new rules a non-corporate interest is defined as an interest in any unincorporated entity which gives the holder the right to any profits of the entity or in the event of a dissolution of that entity the right to any of its assets after the payment of its debts.
Parent Entity means any Person that is a direct or indirect parent company (which may be organized as a partnership) of the Borrower. Parent Entity any Other Parent and any other Person that is a Subsidiary of any Other Parent and of which Holdings is a Subsidiary.
If the transaction is valued in excess of $50 million (as adjusted) but is $200 million (as adjusted) or less, only those transactions that also meet the size of person test require a filing.
Ultimate Parent means a company, which owns at least more than fifty percent (51%) equity either directly or indirectly in the Parent and Affiliates. Ultimate Parent means a Person which Controls, either directly or indirectly the Parent Company, Group Company, or Affiliates of the Resolution Applicant.
The term 'ultimate parent entity' means an entity which is not controlled by any other entity.
The HSR "size of parties" threshold generally requires that one party to the transaction have annual net sales or total assets of $202 million or more (up from $184 million in 2021), and that the other party have annual net sales or total assets of $20.2 million (up from $18.4 million).
Although the waiting period is generally 30 days (15 days if the transaction is an all-cash tender offer or a bankruptcy sale), the regulators may request additional time to review additional information and the filing parties may request that the waiting period for a particular transaction be terminated early ("early
Ultimate Parent Entity means, with respect to any Person that is a Subsidiary of a Person, the Person that, directly or indirectly, Beneficially Owns at least 50% of the Voting Securities of such Subsidiary and is not a Subsidiary of any Person who is not a natural person.
The HSR size-of-parties threshold will also increase. It generally will require that one party have sales or assets of at least US$202 million and the other party have sales or assets of at least US$20.2 million. (Currently these thresholds are US$184 million and US$18.4 million, respectively.)
HSR filings are premerger notifications that parties to a proposed merger transaction make with both the Federal Trade Commission and the Department of Justice. Subject to minor exceptions, both the seller and the buyer must each separately file with both agencies.
More info
For larger transactions, i.e., those currently valued at greater than $368 million, the size of person test does not apply. If an HSR filing is required, ... Mergers and acquisitions that are not subject to the HSR Act are still subject toPrevent parties from completing transactions that would substantially ...The Hart-Scott-Rodino Antitrust Improvements Act (?HSR Act?) requiresfrom the calculation of the statutory size of transaction test, ... The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the ?HSR Act? oror between the District of Columbia or any territory of the United States and ... US$50 million size-of-transaction test, US$92.0 millionAs a result, the HSR minimum size-of-transaction threshold will be lowered to ... Admissions; Maryland; District of ColumbiaThe HSR Act thresholds are adjusted annually, based on changes to the gross national product. The HSR Act requires all persons or entities contemplating certain transactions that meet or exceed merger-reporting thresholds to file ... The HSR Act requires parties to transactions exceeding certain thresholds to file premerger notification reports to the FTC and the ... On January 21, 2022, the Federal Trade Commission (FTC) announced that in 2022 the threshold for applying the size-of-parties test of the ... Filing Thresholds ; Filing Required, 2019 Threshold ; Size of Transaction Test, No, X ? $90 million ; Size of Transaction Test AND Size of Person ...