| | | A.__Is communicated to the offeror in this State and the | | offeree reasonably believes the offeror to be present in | | this State and the acceptance is received at the place in | | this State to which it is directed; and |
|
| | | B.__Has not previously been communicated to the offeror, | | orally or in a record, outside this State. |
|
| | | 5.__Publications, radio, television or other electronic | | communications.__An offer to sell or to purchase a security is | | not made in this State when a publisher circulates or there is | | circulated on the publisher's behalf in this State a bona fide | | newspaper or other publication of general, regular and paid | | circulation that is not published in this State or that is | | published in this State but has had more than 2/3 of its | | circulation outside this State during the previous 12 months or | | when a radio or television program or other electronic | | communication, except specifically addressed electronic mail or | | messaging, originating outside this State is received in this | | State.__A radio or television program or other electronic | | communication is considered as having originated in this State if | | either the broadcast studio or the originating source of | | transmission is located in this State, unless: |
|
| | | A.__The program or communication is syndicated and | | distributed from outside this State for redistribution to | | the general public in this State; |
|
| | | B.__The program or communication is supplied by a radio, | | television or other electronic network with the electronic | | signal originating from outside this State for | | redistribution to the general public in this State; |
|
| | | C.__The program or communication is an electronic | | communication that originates outside this State and is | | captured for redistribution to the general public in this | | State by a community antenna or cable, radio, cable | | television or other electronic system; or |
|
| | | D.__The program or communication consists of an electronic | | communication that originates in this State, but which is | | not intended for distribution to the general public in this | | State. |
|
| | | For purposes of this subsection, when a publication is published | | in editions, each edition is considered a separate publication | | except for material common to all editions.__Radio or television | | programs, or other electronic communications, with changes, | | alterations or additions made prior to local redistribution, are | | considered as originating in this State. |
|
|
