ARSD 20:06:03:20. Solicitations prior to furnishing required written proxy statement

Notwithstanding the provisions of subdivision 20:06:03:06(1), a solicitation subject to this section may be made prior to furnishing stockholders a written proxy statement containing the information specified in §§ 20:06:03:22 to 20:06:03:36, inclusive, with respect to such solicitation, provided that: (1) The statements required by §§ 20:06:03:14 to 20:06:03:19, inclusive, hereof are filed by or on behalf of each participant in such solicitation; (2) No form of proxy is furnished to stockholders prior to the time the written proxy statement required by subdivision 20:06:03:06(1) is furnished to such persons: provided, however, that this subdivision shall not apply where a proxy statement then meeting the requirements of §§ 20:06:03:22 to 20:06:03:36, inclusive, has been furnished to stockholders; (3) At least the information specified in §§ 20:06:03:15 and 20:06:03:16 hereof to be filed by each participant, or an appropriate summary thereof, are included in each communication sent or given to stockholders in connection with the solicitation; (4) A written proxy statement containing the information specified in §§ 20:06:03:22 to 20:06:03:36, inclusive, with respect to a solicitation is sent or given stockholders at the earliest practicable date.