[§431:4-245]  Solicitations prior tofurnishing required written proxy statement.  Notwithstanding section431:4-238(a), a solicitation subject to this part may be made prior tofurnishing stockholders a written proxy statement containing the information specifiedin schedule A under section 431:4-232 with respect to the solicitation,provided that:

(1)  The statements required by section 431:4-244 arefiled by or on behalf of each participant in the solicitation;

(2)  No form of proxy is furnished to stockholdersprior to the time the proxy statement required by section 431:4-238(a) isfurnished to such persons.  This paragraph shall not apply where a proxystatement then meeting the requirements of schedule A under section 431:4-232has been furnished to stockholders;

(3)  At the minimum, the information specified inparagraphs (2) and (3) of the statements required by schedule B under section431:4-233 to be filed by each participant, or an appropriate summary thereof,is included in each communication sent or given to stockholders in connectionwith the solicitation; and

(4)  A written proxy statement containing theinformation specified in schedule A pursuant to section 431:4-232 with respectto a solicitation is sent or given to stockholders at the earliest practicabledate. [L 2000, c 24, pt of §2]