Notwithstanding the provisions of 23 CAR § 1-105(a), a solicitation subject to this subpart may be made prior to furnishing stockholders a written proxy statement containing the information specified in Schedule A with respect to such solicitation, provided that:

1. (1) The statements required by 23 CAR § 1-203 are filed by or on behalf of each participant in such solicitation;

2. (2)

   1. (A) No form of proxy is furnished to stockholders prior to the time the written proxy statement required by 23 CAR § 1-105(a) is furnished to such persons.
   2. (B) However, this subsection shall not apply where a proxy statement then meeting the requirements of Schedule A has been furnished to stockholders;
3. (3) At least the information specified in 23 CAR §§ 1-203(b) and 1-203(c) of the statements required to be filed by each participant, or an appropriate summary thereof, are included in each communication sent or given to stockholders in connection with the solicitation; and
4. (4) A written proxy statement containing the information specified in Schedule A with respect to a solicitation is sent or given to stockholders at the earliest practicable date.