§ 6004. Fixing record date. 1. For the purpose of determining the
stockholders entitled to notice of or to vote at any meeting of
stockholders or any adjournment thereof, or to express consent to or
dissent from any proposal without a meeting, or for the purpose of
determining stockholders entitled to receive payment of any dividend or
the allotment of any rights, or for the purpose of any other action, the
by-laws may provide for fixing or, in the absence of such provision, the
board may fix, in advance, a date as the record date for any such
determination of stockholders. Such date shall not be more than fifty
nor less than ten days before the date of such meeting, nor more than
fifty days prior to any other action.

2. If no record date is fixed:

(a) The record date for the determination of stockholders entitled to
notice of or to vote at a meeting of stockholders shall be at the close
of business on the day next preceding the day on which notice is given,
or, if no notice is given, the day on which the meeting is held.

(b) The record date for determining stockholders for any purpose other
than that specified in paragraph (a) shall be at the close of business
on the day on which the resolution of the board relating thereto is
adopted.

3. When a determination of stockholders of record entitled to notice
of or to vote at any meeting of stockholders has been made as provided
in this section, such determination shall apply to any adjournment
thereof, unless the board fixes a new record date under this section for
the adjourned meeting.