§431:4-245 Solicitations prior to furnishing required written proxy statement. Notwithstanding section 431:4-238(a), a solicitation subject to this part may be made prior to furnishing stockholders a written proxy statement containing the information specified in schedule A under section 431:4-232 with respect to the solicitation, provided that: (1) The statements required by section 431:4-244 are filed by or on behalf of each participant in the solicitation; (2) No form of proxy is furnished to stockholders prior to the time the proxy statement required by section 431:4-238(a) is furnished to such persons. This paragraph shall not apply where a proxy statement then meeting the requirements of schedule A under section 431:4-232 has been furnished to stockholders; (3) At the minimum, the information specified in paragraphs (2) and (3) of the statements required by schedule B under section 431:4-233 to be filed by each participant, or an appropriate summary thereof, is included in each communication sent or given to stockholders in connection with the solicitation; and (4) A written proxy statement containing the information specified in schedule A pursuant to section 431:4-232 with ommunication sent or given to stockholders in connection with the solicitation; and (4) A written proxy statement containing the information specified in schedule A pursuant to section 431:4-232 with respect to a solicitation is sent or given to stockholders at the earliest practicable date. [L 2000, c 24, pt of §2]
Hawaii Legal Code