CFR > Title 16 - Commercial Practices > CHAPTER I—FEDERAL TRADE COMMISSION > SUBCHAPTER H—RULES, REGULATIONS, STATEMENTS AND INTERPRETATIONS UNDER THE HART-SCOTT-RODINO ANTITRUST IMPROVEMENTS ACT OF 1976 (parts 801 to 803) > PART 802—EXEMPTION RULES > 802.65—Exempt acquisition of non-corporate interests in financing transactions.

802.65—Exempt acquisition of non-corporate interests in financing transactions.

An acquisition of non-corporate interests that confers control of a new or existing unincorporated entity is exempt from the notification requirements of the Act if:
(a) The acquiring person is contributing only cash to the unincorporated entity;
(b) For the purpose of providing financing; and
(c) The terms of the financing agreement are such that the acquiring person will no longer control the entity after it realizes its preferred return.

Code of Federal Regulations

[70 FR 11514, Mar. 8, 2005]