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How long does it take to get HER approval?
For most filings, the waiting period is 30 days (15 days for cash tender offers and 11 USC § 363 bankruptcies), and expires at 11:59pm ET on the last day. Day One of the waiting period will be the day after the agencies receive the complete HER filings.
How long is HER approval good for?
Once a transaction's waiting period expires, the acquiring party has exactly one year from that date to consummate the transaction, regardless of whether that date falls on a weekend or holiday. After one year, the HER filing is expired, and the parties must submit new HER filings.
What is HER early termination?
About Early Termination Notices. The HER Act specifies certain required waiting periods, but any filing party may request the termination of the applicable HER waiting period before its end.
How long does it take for the FTC to approve a merger?
Once the parties have certified that they have substantially complied with the request, the investigating agency has 30 additional days (10 days in the case of a cash tender or bankruptcy transaction) to complete its review of the transaction and take action if necessary.
What is HER clearance?
HER Clearance means the expiration or termination of the applicable waiting period under the HER Act (including any extended waiting period arising as a result of a request for additional information).
Who pays the HER filing fee?
The largest is $280,000. The money goes to the United States Treasury and generally is paid by wire transfer. Unless the parties agree between themselves to split or otherwise share the filing fee expense, the gen- era, default rule is that the filing fee is paid by the buyer.
What triggers an HER filing?
What are the HER Filing Requirements? HER 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.
What does HER filing stand for?
HER Filing means filings with the United States Federal Trade Commission and the Antitrust Division of the United States Department of Justice of a Notification and Report Form for Certain Mergers and Acquisitions (as that term is defined in the HER Act) with respect to the subject of this Agreement, together
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