Notwithstanding the provisions of

ARM 6.6.1304(1) , a solicitation subject to this sub-chapter may be made prior to furnishing stockholders a written proxy statement containing the information specified in sub-chapter 13 with respect to the solicitation, provided that:

(1) The statements required by ARM 6.6.1403 are filed by

or on behalf of each participant in the solicitation;

(2) No form or proxy is furnished to stockholders prior

to the time the written proxy statement required by ARM 6.6.1304 (1) is furnished to such persons.   However, this requirement does not apply where a proxy statement meeting the requirements of sub-chapter 13 has been furnished to stockholders;

(3) At least the information required by ARM 6.6.1403(2)

to be filed by each participant, or any appropriate summary is

included in each communication sent or given to stockholders in connection with the solicitation;

(4) A written proxy statement containing the information

specified in sub-chapter 13 with respect to a solicitation is

sent or given stockholders at the earliest practicable date.