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jarsch501

05/26/05 1:34 AM

#35108 RE: iamshazzam #35104

shazzam-

You engage in more selective reading than anyone I know. You're one of the posters who tries to divide people into the two camps, as you clearly sit in the apologist camp. Even one of those that sit by you at the campfire proved you wrong, yet you chose to be ignorant because of your own arrogance. #msg-6473255

You're completely misunderstanding the regulations and the notification of shareholders for an annual meeting to take place. Mailing is one thing, notification is a completely different matter. Once again, you're wrong and it is another case of you clearly misunderstanding something. Clearly, excel's claim was founded to be true and it was not a scare tactic, but the truth.

Here are the official guidelines for proxy statements, which supersedes the information you keep harping:


For an annual meeting of shareholders, if the registrant did not have notice of the matter at least 45 days before the date on which the registrant first mailed its proxy materials for the prior year's annual meeting of shareholders (or date specified by an advance notice provision), and a specific statement to that effect is made in the proxy statement or form of proxy. If during the prior year the registrant did not hold an annual meeting, or if the date of the meeting has changed more than 30 days from the prior year, then notice must not have been received a reasonable time before the registrant mails its proxy materials for the current year.

........

Preliminary proxy statement. Five preliminary copies of the proxy statement and form of proxy shall be filed with the Commission at least 10 calendar days prior to the date definitive copies of such material are first sent or given to security holders, or such shorter period prior to that date as the Commission may authorize upon a showing of good cause thereunder. A registrant, however, shall not file with the Commission a preliminary proxy statement, form of proxy or other soliciting material to be furnished to security holders concurrently therewith if the solicitation relates to an annual (or special meeting in lieu of the annual) meeting, or for an investment company registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) or a business development company, if the solicitation relates to any meeting of security holders at which the only matters to be acted upon are: