In January, as discussed in this PubCo post, Nasdaq proposed to modify the listing requirements in Rule 5635(d) to
(i) change the definition of market value for purposes of the shareholder approval rule and
(ii) eliminate the requirement for shareholder approval of issuances at a price less than book value but greater than market value.
In August, Nasdaq filed Amendment No. 1, which clarified certain terms. The SEC has just approved the proposed rule change, as amended, on an accelerated basis.