A company’s shares listed on Nasdaq are required to maintain a closing bid price of no less than $1.00 per share (Minimum Bid Price Requirement). If the closing bid price of a company’s shares are below $1.00 for 30 consecutive trading days, the company is considered to be in violation of Minimum Bid Price Requirement. Once a company receives notice from Nasdaq of its violation of the Minimum Bid Price Requirement, Nasdaq rules provide a 180-day compliance period for the company to regain compliance. Compliance is considered achieved when the company’s shares have closed at or above $1.00 per share for 10 consecutive trading days, although this period may be extended in Nasdaq’s discretion.A company that is listed on, or that transfers [1] to, the Nasdaq Capital Market may be provided with a second 180-day compliance period. In the event that the company is not eligible for a second 180-day compliance period, or it is granted a second compliance period but fails to regain compliance within such second compliance period, such company will be subject to delisting. The delisting determination can be appealed to the Nasdaq Listing Qualifications Hearings Panel, during which time, under current rules, the company will remain listed and trading on Nasdaq.Under the proposal, Nasdaq would amend the rules such that a request for a hearing of the delisting determination would not stay the suspension of the shares from trading if a company is afforded the second 180-day compliance period but fails to regain compliance with that period. Thus, a company’s shares would automatically be suspended from trading during the hearings panel’s review. The hearings panel would continue to have the discretion to provide an exception for up to 180 days from the termination of the second 180-day compliance period.If a company’s shares are suspended, the shares may be traded in the over-the-counter market while the company’s appeal is pending.
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