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Yes, parties to an executed LOI can file with a to-be-formed Acquiring Person/Newco and Acquiring Entity. The filing must be certified by someone who will be an officer or director (or the equivalent...

Yes, any officer or director of the UPE or of a controlled entity within it authorized to execute on the UPE’s behalf may sign the Certification. And no, it need not be the same person who signs the...

You have described two potentially reportable transactions: First, the primary transaction of Company B (its own UPE) acquiring Company C from Company A (UPE of Company C); second, the backside...

For the circumstances you describe, there would be two separate sets of filings, each with the appropriate fee. Please note in the cover letter and Item 3a that the sets of filings should be reviewed...