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Is a company required to notify NASDAQ of equity compensation plans and arrangements pursuant to the Listing of Additional Shares process?

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Is a company required to notify NASDAQ of equity compensation plans and arrangements pursuant to the Listing of Additional Shares process?

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Under Listing Rule 5250(e)(2), the company is required to notify NASDAQ by the filing of a Notification: Listing of Additional Shares no later than 15 calendar days prior to establishing or materially amending a stock option or purchase plan or other arrangement, pursuant to which stock may be acquired by officers, directors, employees or consultants (except for inducement awards as described below). However, this notification is not required if the company has obtained shareholder approval for the action. The requirement to notify NASDAQ includes those issuances which are not subject to shareholder approval under Rule 5635(c).

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