Purchase Agreement: HSR Size-of-Person Test Not Met | Practical Law

Purchase Agreement: HSR Size-of-Person Test Not Met | Practical Law

A Standard Clause that may be used when a transacting party, whether a buyer or a seller, wants the other side to provide a representation that no Hart-Scott-Rodino (HSR) Act filing is required for failure to meet the size-of-person test. This Clause discusses the applicability of the size-of-person test, the thresholds for measuring total assets and annual net sales, and how the clause interacts with other provisions of the merger agreement. This Clause has integrated notes with important explanations and drafting tips.

Purchase Agreement: HSR Size-of-Person Test Not Met

Practical Law Standard Clauses 0-520-5614 (Approx. 8 pages)

Purchase Agreement: HSR Size-of-Person Test Not Met

by Practical Law Antitrust
Maintained • USA (National/Federal)
A Standard Clause that may be used when a transacting party, whether a buyer or a seller, wants the other side to provide a representation that no Hart-Scott-Rodino (HSR) Act filing is required for failure to meet the size-of-person test. This Clause discusses the applicability of the size-of-person test, the thresholds for measuring total assets and annual net sales, and how the clause interacts with other provisions of the merger agreement. This Clause has integrated notes with important explanations and drafting tips.