Exempt employee benefit plan securities
(d) Exempt employee benefit plan securities. For purposes of 240.14a-13, 240.14b-1 and 240.14b-2, the term exempt employee benefit plan securities means: (1) Securities of the registrant held by an employee benefit plan, as defined in paragraph (b) of this section, where such plan is established by the registrant; or (2) If notice regarding the current solicitation has been given pursuant to 240.14a-13(a)(1)(ii)(C) or if notice regarding the current request for a list of names, addresses and securities positions of beneficial owners has been given pursuant to 240.14a-13(b)(3), securities of the registrant held by an employee benefit plan, as defined in paragraph (b) of this section, where such plan is established by an affiliate of the registrant.