The early warning requirements do not apply to an eligible institutional investor for a reporting issuer if the eligible institutional investor
(a) is not disqualified by section 4.2 from filing reports under this Part for the reporting issuer; and
(b) either
(i) intends to file reports under this Part for the reporting issuer, if no reports are yet required to be filed; or
(ii) is not in arrears of filing reports under this Part for the reporting issuer, if a report has been required by this Part to be filed.