New York Consolidated Laws, Business Corporation Law - BSC § 1610. Exclusions

(a) The offeror or the target company is a public utility or a public utility holding company as defined in section two of the “Public Utility Holding Company Act of 1935,” (49 Stat. 803, 15 U.S.C. 79), as amended, and the takeover bid is subject to approval by the appropriate federal agency as provided in such act;

(b) The offeror or the target company is a bank or a bank holding company as subject to the “Bank Holding Company Act of 1956,” (70 Stat. 133, 12 U.S.C.  1841), and subsequent amendments thereto, and the takeover bid is subject to approval by the appropriate federal agency as provided in such act;

(c) The offeror or the target company is a savings and loan holding company as defined in section two of the “Savings and Loan Holding Company Amendments of 1967,” (82 Stat. 5, 12 U.S.C. 1730A), as amended, and the takeover bid is subject to approval by the appropriate federal agency as provided in such act;

(d) The offeror and the target company are banks and the offer is part of a merger transaction subject to approval by appropriate federal or state supervisory authorities.