(18) The issuer of any class of securities included in Nasdaq shall notify Nasdaq promptly in writing of any change in the issuer's transfer agent or registrar.
(19) The issuer shall comply with any obligation of any person regarding filing or disclosure of information material to the issuer or the security, whether such obligation arises under the federal securities laws and the rules and regulations promulgated thereunder or other applicable federal or state statutes or rules.
(20) The issuer shall notify Nasdaq promptly in writing of any change in the general character or nature of its business and any change in the address of its principal executive offices. The issuer also shall file on a form designated by Nasdaq notification of any corporate name change no later than 10 days after the change.
(21) Voting Rights – Voting Rights of existing shareholders of publicly traded common stock registered under Section 12 of the Act cannot be disparately reduced or restricted through any corporate action or issuance. Examples of such corporate action or issuance include, but are not limited to, the adoption of time-phased voting plans, the adoption of capped voting rights plans, the issuance of super-voting stock, or the issuance of stock with voting rights less than the per share voting rights of the existing common stock through an exchange offer.
Cross Reference - IM-4310, Voting Rights Policy
(22) The issuer of units shall include in its prospectus or other offering document used in connection with any offering of securities that is required to be filed with the Commission under the federal securities law and the rules and regulations thereunder a statement regarding any intention to delist the units immediately after the minimum inclusion period.
(23) (A) For initial inclusion, a security, except for the security of a Canadian issuer, shall have a CUSIP number identifying the securities included in the file of eligible issues maintained by a securities depositary registered as a clearing agency under Section 17A of the Act ("securities depositary" or "securities depositaries"), in accordance with the rules and procedures of such securities depositary; except that this subparagraph shall not apply to a security if the terms of the security do not and cannot be reasonably modified to meet the criteria for depositary eligibility at all securities depositaries.
(B) A security depositor's inclusion of a CUSIP number identifying a security in its file of eligible issues does not render the security "depositary eligible" under Rule 11310 until:
(i) in the case of any new issue distributed by an underwriting syndicate on or after the date a securities depositary system for monitoring repurchases of distributed shares by the underwriting syndicate is available, the date of the commencement of trading in such security on The Nasdaq Stock Market; or
(ii) in the case of any new issue distributed by an underwriting syndicate prior to the date a securities depositary system for monitoring repurchases of distributed shares by the underwriting syndicate is available where the managing underwriter elects not to deposit the securities on the date of the commencement of trading in such security on The Nasdaq Stock Market, such later date designated by the managing underwriter in a notification submitted to the securities depositary; but in no event more than three (3) months after the commencement of trading in such security on The Nasdaq Stock Market.
* This notice shall be made to the MarketWatch Department at 9513 Key West Avenue, Rockville, Maryland 20850-3389. The telephone number is (800) 537-3929, (301) 590-6411, or from 6 p.m. to 8 a.m. Eastern Time, (301) 590-6413. The Stock Watch fax number is (301) 590-6482.
Rule 4310 continues
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