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Friday, April 6, 2012

Of Course -- Without Early HSR Clearance. . .

. . .it is unlikely that the special $500,000 bonuses will become, by their present terms, anyway -- um. . . payable.

If we posit that both parties' Hart-Scott filings will have been made (yes, both Dart and Solo must make separate, but related, submissions -- both very, very voluminous), by some time next week, the earliest an FTC clearance might come would be around May 31, 2012 -- again, assuming no competitors or customers write in to the FTC to express views on the transaction.

The $500,000 special bonuses are not payable (unless the board amends the terms of the same), unless the transaction is completed before June 1, 2012. So, I guess it could all still happen on a "same-day" basis, and thus before June 1, 2012 -- AND THUS, the top of the house could collect all those extra-ordinary bonuses -- but the window is closing on that, with each passing day, here.

And maybe that's a good thing. In any event, we will update this, after April 15, and our planned conversation with FTC staffers.

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