Can a company initiate the 10-day notice period by mailing the notice to shareholders prior to receiving approval of its exception request from NASDAQ?
No. The mailing and the press release must state that the company is relying on the exception. Such a statement can be made only after the exception is granted. Accordingly, the mailing and the press release must occur after the exception is granted and at least 10 days prior to the issuance of the securities.
No. The mailing and the Form 8-K or press release must state that the company is relying on the exception. Such a statement can be made only after the exception is granted. Accordingly, the mailing and the Form 8-K or press release must occur after the exception is granted and at least 10 days prior to the issuance of the securities.
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