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F. Confidential Treatment of Proxy Material
us SEC - C&DI - Proxy Rules and Schedules
Question 1
Q: Rule 135 speaks in terms of Section 5. For purposes of confidential treatment, what about the other types of transactions covered by Item 14 (e.g., sales of assets for cash and cash mergers)? Rule 135 does not take these types of transaction into account.
A: Rule 135 is used as a bright line test for purposes of ascertaining when public disclosure of information will preclude availability of confidential treatment for an Item 14 proxy statement. See Rule 14a-6(e)(2)(ii). The reference to Rule 135 does not limit the types of transactions for which confidential treatment is available. See the paragraph after fn. 80 in the adopting release.
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