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monkeyfrog

11/01/06 8:06 AM

#28140 RE: Shizoku #28138

Light reading



Form 10-K, General Instruction G.(3) A company filed its annual report on Form 10-K, intending to incorporate by reference information from its proxy statement to be filed within 120 days, pursuant to General Instruction G.(3) to Form 10-K. Because the proxy statement will not be filed within the 120 day period, the company must amend the Form 10-K prior to the end of the 120-day period to provide the information that was to have been incorporated by reference




33.Form 10-K General Instruction G(3) to Form 10-K permits an issuer to incorporate certain information into the Form 10-K from its definitive proxy material, if the definitive proxy material is filed within 120 days after the end of the issuer's fiscal year. Where the 120th day falls on a Saturday, Sunday or holiday, the definitive proxy material may be filed on the first business day following. (SeeRule 0-3 under the Exchange Act




http://www.sec.gov/interps/telephone/cftelinterps_other.pdf.