Or. Admin. Code § 836-024-0054

Current through Register Vol. 63, No. 12, December 1, 2024

Section 836-024-0054 - Counter Solicitations Prior to Furnishing Required Written Proxy Statement

Notwithstanding the provisions of OAR 836-024-0026(1), a solicitation subject to 836-024-0051 to 836-024-0055 may be made prior to furnishing security holders with a written proxy statement containing the information specified in Schedule A with respect to the solicitation, if:

(1) The statements required by OAR 836-024-0053 are filed by or on behalf of each participant in the solicitation.

(2) A form of proxy is not furnished to security holders prior to the time the proxy statement required by OAR 836-024-0026(1) is furnished to such persons. This section does not apply, however, if a proxy statement meeting the requirements of Schedule A has been furnished to security holders.

(3) Statements containing at least the information specified by OAR 836-024-0053(2) and (3), or an appropriate summary of the information, are included in each communication sent or given to security holders in connection with the solicitation.

(4) A written proxy statement containing the information specified in Schedule A with respect to a solicitation is sent or given to security holders at the earliest practicable date.

Or. Admin. Code § 836-024-0054

IC 68, f. & ef. 6-22-76; ID 16-2006, f. & cert. ef. 8-7-06

Stat. Auth.: ORS 731 & 732

Stats. Implemented: ORS 732.415(4)