§ 169.4 - Proxy soliciting material.

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No solicitation of a proxy shall be made by means of any statement, form of proxy, notice of meeting, or other communication, written or oral, which:

Solicits any undated or postdated proxy;

Solicits any proxy that provides that it shall be deemed to be dated as of any date subsequent to the date on which it is signed by the security holder; or

Contains any statement that is false or misleading with respect to any material fact, or

Omits to state any material fact:

Necessary in order to make the statements therein not false or misleading or

Necessary to correct any statement in any earlier communication with respect to the solicitation of a proxy for the same meeting or subject matter that has subsequently become false or misleading.