Supplementary Provisions, Article 2Transitional Measures Concerning What Is Newly Treated as Deemed Securities

①With regard to those solicitations relating to a deemed security (meaning a right set forth in Article 2, paragraph (2), item (iii) of the Securities and Exchange Act prior to the amendment by Article 3 of the Act Partially Amending the Securities and Exchange Act, etc. (Act No. 65 of 2006; hereinafter referred to as the "2006 Securities and Exchange Act Amendment Act" in this Article) and a right set forth in item (v) of that paragraph (limited to one based on a contract similar to a limited partnership agreement for investment), which falls under a security prescribed in Article 2, paragraph (1) of the Financial Instruments and Exchange Act after the amendment by Article 3 of the 2006 Securities and Exchange Act Amendment Act (hereinafter referred to as the "New Financial Instruments and Exchange Act") or a right deemed to be a security pursuant to paragraph (2) of that Article; the same applies in the following paragraph) for which the solicitation of an offer to acquire, or an offer to sell or the solicitation of an offer to purchase, was commenced before December 1, 2004, the provisions of Chapter II of the New Financial Instruments and Exchange Act do not apply.

②With regard to a deemed security set forth in the preceding paragraph for which the number of holders as of June 1, 2006 is 500 or more, the provisions of Articles 21-2, 21-3, 24 through 24-5, 25 and 26 of the New Securities and Exchange Act (including the case where these provisions apply mutatis mutandis pursuant to Article 27 of the New Securities and Exchange Act) (including penal provisions relating to these provisions) apply, deeming that it fell under Article 24, paragraph (1), item (iii) of the New Securities and Exchange Act on that date.