Proxy soliciting material.

§ 169.4 Proxy soliciting material. 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: (a) Solicits any undated or postdated proxy; (b) 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 (c)(1) Contains any statement that is false or misleading with respect to any material fact, or (2) Omits to state any material fact: (i) Necessary in order to make the statements therein not false or misleading or (ii) 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.