(2) The following has occurred before October 11, 2018:
- (i) The parties to the transaction have executed a binding written agreement or other document establishing the material terms of the transaction;
- (ii) A party has made a public offer to shareholders to buy shares of a pilot program U.S. business; or
- (iii) A shareholder has solicited proxies in connection with an election of the board of directors of a pilot program U.S. business or has requested the conversion of convertible voting securities.