[Code of Federal Regulations]
[Title 17, Volume 2]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR230.162]

[Page 491]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER II--SECURITIES AND EXCHANGE COMMISSION
 
 PART 229--STANDARD INSTRUCTIONS FOR FILING FORMS UNDER SECURITIES ACT OF 1933, SECURITIES EXCHANGE ACT OF 1934 AND ENERGY POLICY AND CONSERVATION ACT OF 1975--REGULATION S-K--Table of Contents
 
       Subpart 229.1000--Mergers and Acquisitions (Regulation M-A)
 
Sec. 230.162  Submission of tenders in registered exchange offers.

    (a) Notwithstanding section 5(a) of the Act (15 U.S.C. 77e(a)), 
offerors may solicit tenders of securities in an exchange offer subject 
to Sec. 240.13e-4(e) or Sec. 240.14d-4(b) of this chapter before a 
registration statement is effective as to the security offered, so long 
as no securities are purchased until the registration statement is 
effective and the tender offer has expired in accordance with the tender 
offer rules.
    (b) Notwithstanding section 5(b)(2) of the Act (15 U.S.C. 
77e(b)(2)), a prospectus that meets the requirements of section 10(a) of 
the Act (15 U.S.C. 77j(a)) need not be delivered to security holders in 
an exchange offer subject to Sec. 240.13e-4(e) or Sec. 240.14d-4(b) of 
this chapter, so long as a preliminary prospectus, prospectus 
supplements and revised prospectuses are delivered to security holders 
in accordance with Sec. 240.13e-4(e)(2) or Sec. 240.14d-4(b) of this 
chapter, as applicable.

[64 FR 61450, Nov. 10, 1999]

[[Page 492]]