| 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 |
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| B.__Has not previously been communicated to the offeror, | orally or in a record, outside this State. |
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| | 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: |
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| A.__The program or communication is syndicated and | distributed from outside this State for redistribution to | the general public in this State; |
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| 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; |
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| 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 |
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| 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. |
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| 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. |
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