If the management of the issuer has made or intends to make
any solicitation subject to this rule, the issuer shall perform such of the
following acts as may be duly requested in writing with respect to the same
subject matter or meeting by any security holder who is, or security holders
who are, entitled to vote at least one percent (1%) of the votes entitled to be
voted on such matter and who shall defray the reasonable expenses to be
incurred by the issuer in the performance of the act or acts requested.
A. The issuer shall mail or otherwise furnish
to such security holder, as promptly as practicable after the receipt of such
request:
(1) a statement of the approximate
number of record owners and, to the extent known to the issuer, the approximate
number of beneficial owners of any class of securities, any of whom have been
or are to be solicited on behalf of the management, or any group of whom the
security holder shall designate;
(2) an estimate of the cost of mailing a
specified proxy statement, form of proxy or other communication to such
owners.
B. Additional
mailing requirements:
(1) Copies of any proxy
statement, form of proxy or other communication furnished by the security
holder shall be mailed by the issuer to such of the security owners specified
in 13 NMAC 3.4.14.1.1 [now Paragraph (1) of Subsection A of
13.3.4.14 NMAC] as the security
holder shall designate.
(2) Such
material furnished by the security holder shall be mailed with reasonable
promptness after receipt of the material to be mailed, envelopes or other
containers therefor, and postage or payment for postage. The issuer need not,
however, mail any such material prior to the first day on which solicitation is
made on behalf of the issuer.
(3)
The issuer shall not be responsible for such proxy statement, form of proxy or
other communication.
C.
In lieu of performing the acts specified above, the issuer may, at its option,
furnish promptly to such security holder a reasonably current list of the names
and addresses of such of the record owners and, to the extent known to the
issuer, the beneficial owners as the security holder shall designate and a
schedule of the handling and mailing costs if such schedule has been supplied
to the issuer.
