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Is NASDAQs requirement for shareholder approval of equity compensation plans or arrangements applicable to initial listings?

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Is NASDAQs requirement for shareholder approval of equity compensation plans or arrangements applicable to initial listings?

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Generally, shareholder approval is not required of plans or arrangements that are in place at the time of a company’s listing on NASDAQ. Shareholder approval is required, however, for any material amendment to such plans after listing. In addition, if the plan contains an evergreen provision, the plan cannot have a term in excess of ten years unless shareholder approval is obtained every ten years as set forth in IM-5635-1.

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