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8/12/96-Writer confirmed that the fifth director, nominated by the two directors appointed by X and the two appointed by Y, must then be elected to the board by the vote of X, Y and Z. I agreed with...

8/12/96-Called writer and left message that I agreed with his conclusion that no 801.40 filing was required for the formation of the subject LLC. RB Smith

8/9/96-Advised writer that since only one person is deemed to be acquiring voting stock in the formation of the LLC noted above, no report was required and Section801.40 of the HSR rules. RB Smith

8/6/96-Called writer and advised that no report was required for formation of LLC since persons serving on board of LLC will be officers, directors or employees of the respective forming persons...

8/2/96 The writer advised that the certain fixtures referred to in three would include such items as lighting, carpeting, shelving ,etc. bought by the lessee and affixed to the realty for the lessees...

Based on the fact as presented in this letter, the HSR filing is required. I called Writer on August 21, 1996 AV

None noted

See File # 9608009

Formation of a LLC is corporate in nature under 801.40 if it has a board of directors whose members are not limited to the forming persons. It does not matter that the board members of the LLC also...

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