--- title: Sullivan Blogs | SEC Pulse | Nasdaq description: Nasdaq | Sullivan's SEC Pulse blog provides updates and commentary from our Capital Markets Group on issues affecting publicly traded and privately owned businesses, investment banks and foreign companies who trade or raise capital in the United States, and boards of directors and company officers in securities transactions and corporate governance matters. --- ![SEC Pulse Header NEW-1](https://blog.sullivanlaw.com/hs-fs/hubfs/SEC%20Pulse%20Header%20NEW-1.jpg?width=943&name=SEC%20Pulse%20Header%20NEW-1.jpg "SEC Pulse Header NEW-1") ## [Nasdaq Board Diversity Rule Struck Down by Federal Court](https://blog.sullivanlaw.com/secpulse/nasdaq-board-diversity-rule-struck-down-by-federal-court) Posted by [Howard Berkenblit](https://blog.sullivanlaw.com/secpulse/author/howard-berkenblit) on December 12, 2024 at 10:35 AM - [Tweet](https://twitter.com/share) Yesterday, the U.S. Court of Appeals for the Fifth Circuit vacated the SEC’s approval of Nasdaq’s board diversity disclosure rules. While the SEC has not yet indicated if it will appeal, Nasdaq has begun notifying listed companies that it does not intend to seek further review and as a result, companies will no longer be required to follow Nasdaq’s board diversity disclosure rules. 0 Comments [Click here to read/write comments](https://blog.sullivanlaw.com/secpulse/nasdaq-board-diversity-rule-struck-down-by-federal-court#comments-listing) Topics: [Nasdaq](https://blog.sullivanlaw.com/secpulse/topic/nasdaq), [board diversity](https://blog.sullivanlaw.com/secpulse/topic/board-diversity) ## [Nasdaq Provides Temporary Relief from Shareholder Approval Rules](https://blog.sullivanlaw.com/secpulse/nasdaq-provides-temporary-relief-from-shareholder-approval-rules) Posted by [Administrator](https://blog.sullivanlaw.com/secpulse/author/administrator) on May 6, 2020 at 3:16 PM - [Tweet](https://twitter.com/share) *By [Brandon Friedman](https://www.sullivanlaw.com/professionals-Brandon-Friedman.html) and [Howard Berkenblit](https://www.sullivanlaw.com/professionals-Howard-Berkenblit.html)* The Nasdaq Stock Market is temporarily providing an exception from shareholder approval requirements for certain common stock issuances, permitting companies to raise capital quickly to continue running their businesses. The exception is effective immediately and valid for transactions entered into through June 30, 2020 (and completed within 30 days). The exception applies to shareholder approvals for the issuance of common stock (or securities convertible or exercisable into common stock) in connection with an issuance of 20% or more of pre-transaction shares outstanding at a price less than the minimum price, as defined by Nasdaq rules. However, reliance on the exception must be publicly announced and the exception is limited to situations where the need for the transaction is due to circumstances related to COVID-19. In addition, the exception only applies to circumstances where the delay in securing shareholder approval would have a material adverse impact on the company’s ability to maintain operations under its pre-COVID-19 business plan, result in workforce reductions, adversely impact the company’s ability to undertake new initiatives in response to COVID-19, or seriously jeopardize the financial viability of the business. [https://www.sec.gov/rules/sro/nasdaq/2020/34-88805.pdf](https://www.sec.gov/rules/sro/nasdaq/2020/34-88805.pdf) 0 Comments [Click here to read/write comments](https://blog.sullivanlaw.com/secpulse/nasdaq-provides-temporary-relief-from-shareholder-approval-rules#comments-listing) Topics: [Nasdaq](https://blog.sullivanlaw.com/secpulse/topic/nasdaq), [shareholder](https://blog.sullivanlaw.com/secpulse/topic/shareholder), [coronavirus](https://blog.sullivanlaw.com/secpulse/topic/coronavirus), [COVID-19](https://blog.sullivanlaw.com/secpulse/topic/covid-19) ## [Nasdaq Provides COVID-19 Relief for Certain Listed Companies: Listing Bid Price and Market Value](https://blog.sullivanlaw.com/secpulse/nasdaq-provides-covid-19-relief-for-certain-listed-companies-listing-bid-price-and-market-value) Posted by [Administrator](https://blog.sullivanlaw.com/secpulse/author/administrator) on April 20, 2020 at 11:41 AM - [Tweet](https://twitter.com/share) By [Amiti Rothstein](https://www.sullivanlaw.com/professionals-Amiti-Rothstein.html) and [Howard Berkenblit](https://www.sullivanlaw.com/professionals-Howard-Berkenblit.html) Effective April 16, 2020, in response to the COVID-19 pandemic, and the resulting related market conditions, Nasdaq is providing temporary relief from the continued listing bid price (i.e., the minimum bid price of a company’s listed stock) and market value of publicly held shares (i.e., stockholders’ equity) listing requirements by tolling compliance through June 30, 2020 (the “Tolling Period”) (see [http://img.n.nasdaq.com/Web/GIS/%7B1b62f703-d510-4903-aab1-fd7993d5b2de%7D\_SR-NASDAQ-2020-021.pdf](http://img.n.nasdaq.com/Web/GIS/%7B1b62f703-d510-4903-aab1-fd7993d5b2de%7D_SR-NASDAQ-2020-021.pdf)). During the Tolling Period, although Nasdaq won’t be starting the timeline for meeting compliance standards in accordance with its listing rules, Nasdaq will continue to monitor the bid price and market value of publicly held shares requirements and companies would continue to be notified about new instances of noncompliance in accordance with the current rules. The temporary relief provided by the Tolling Period is applicable for any company not currently in compliance with the minimum bid price and/or market value of publicly held shares requirements and not solely for companies who have failed to meet these requirements after the declaration of COVID-19 being a pandemic. Immediately after the Tolling Period, starting on July 1, 2020, companies will receive the balance of any pending compliance period or hearings panel exception to regain compliance with the applicable requirement. Nasdaq has stated that it will continue to monitor securities to determine if they regain compliance during the relief period. 0 Comments [Click here to read/write comments](https://blog.sullivanlaw.com/secpulse/nasdaq-provides-covid-19-relief-for-certain-listed-companies-listing-bid-price-and-market-value#comments-listing) Topics: [Nasdaq](https://blog.sullivanlaw.com/secpulse/topic/nasdaq), [coronavirus](https://blog.sullivanlaw.com/secpulse/topic/coronavirus), [COVID-19](https://blog.sullivanlaw.com/secpulse/topic/covid-19) ## [Sullivan Advises Select Income REIT in Offering of $350 Million of Unsecured Notes](https://blog.sullivanlaw.com/secpulse/sullivan-worcester-advises-select-income-reit-in-offering-of-350-million-of-unsecured-notes) Posted by [Administrator](https://blog.sullivanlaw.com/secpulse/author/administrator) on May 16, 2017 at 8:55 AM - [Tweet](https://twitter.com/share) ![GettyImages-109350362.jpg](https://blog.sullivanlaw.com/hs-fs/hubfs/GettyImages-109350362.jpg?width=320&name=GettyImages-109350362.jpg) A Sullivan team represented Select Income REIT (Nasdaq: SIR) in its underwritten public offering of $350 million of 4.25% senior unsecured notes due May 15, 2024. SIR expects to use the net proceeds from this offering to repay amounts outstanding under its revolving credit facility and for general business purposes. The offering press release can be viewed [here](http://www.sirreit.com/investors/news/press-release-details/2017/Select-Income-REIT-Prices-350-Million-of-4250-Senior-Notes-Due-2024/default.aspx). The Sullivan team included [Benjamin Armour](http://www.sandw.com/professionals-Benjamin-Armour.html), [Howard Berkenblit](http://www.sandw.com/professionals-Howard-Berkenblit.html) and [William Curry](http://www.sandw.com/professionals-William-Curry.html). Sullivan is a leading corporate law firm advising clients ranging from Fortune 500 companies to emerging businesses. With more than 175 lawyers in Boston, London, New York and Washington, D.C., the firm offers services in a wide range of areas, including corporate finance, banking, trade finance, securities and mutual funds, litigation, mergers and acquisitions, intellectual property, tax, real estate and REITs, private equity and venture capital, bankruptcy, environment and natural resources, climate change, renewable energy and water resources, regulatory law, and employment and benefits. For more information please visit [www.sullivanlaw.com](http://sullivanlaw.com) 0 Comments [Click here to read/write comments](https://blog.sullivanlaw.com/secpulse/sullivan-worcester-advises-select-income-reit-in-offering-of-350-million-of-unsecured-notes#comments-listing) Topics: [SEC](https://blog.sullivanlaw.com/secpulse/topic/sec), [Nasdaq](https://blog.sullivanlaw.com/secpulse/topic/nasdaq), [offering](https://blog.sullivanlaw.com/secpulse/topic/offering) ## [Sullivan Advises Hospitality Properties Trust in Offering of $600 Million of Unsecured Notes](https://blog.sullivanlaw.com/secpulse/hpt-prices-600m-of-unsecured-notes) Posted by [Administrator](https://blog.sullivanlaw.com/secpulse/author/administrator) on January 26, 2017 at 11:10 AM - [Tweet](https://twitter.com/share) An Sullivan team represented Hospitality Properties Trust (Nasdaq: HPT) in its underwritten public offerings of $400 million of 4.95% unsecured senior notes due February 15, 2027 and $200 million of 4.50% unsecured senior notes due June 15, 2023, the latter of which consisted of a re-opening of an outstanding series of HPT’s notes. HPT expects to use the net proceeds from these offerings to repay amounts outstanding under its unsecured revolving credit facility, for general business purposes and possibly to redeem some or all of its outstanding 7.125% series D cumulative redeemable preferred shares of beneficial interest. The offering press release can be viewed [here](http://www.businesswire.com/news/home/20170110006451/en/Hospitality-Properties-Trust-Prices-600-Million-Unsecured) and the prospectus related to the offerings can be found [here](https://www.sec.gov/Archives/edgar/data/945394/000104746917000144/a2230661z424b5.htm). The S&W team included [Howard Berkenblit](http://www.sandw.com/professionals-Howard-Berkenblit.html), [Bill Curry](http://www.sandw.com/professionals-William-Curry.html), and [Jeff Morlend](http://www.sandw.com/professionals-Jeffrey-Morlend.html),  as well as [Ameek Ponda](http://www.sandw.com/professionals-Ameek-Ponda.html) and [Brian Hammell](http://www.sandw.com/professionals-Brian-Hammell.html) on tax matters. --- **![iStock-529140250.jpg](https://blog.sullivanlaw.com/hs-fs/hubfs/iStock-529140250.jpg?width=618&height=413&name=iStock-529140250.jpg)** Sullivan is a leading corporate law firm advising clients ranging from Fortune 500 companies to emerging businesses. With more than 175 lawyers in Boston, London, New York and Washington, D.C., the firm offers services in a wide range of areas, including corporate finance, banking, trade finance, securities and mutual funds, litigation, mergers and acquisitions, intellectual property, tax, real estate and REITs, private equity and venture capital, bankruptcy, environment and natural resources, climate change, renewable energy and water resources, regulatory law, and employment and benefits. For more information please visit www.sullivanlaw.com.     0 Comments [Click here to read/write comments](https://blog.sullivanlaw.com/secpulse/hpt-prices-600m-of-unsecured-notes#comments-listing) Topics: [SEC](https://blog.sullivanlaw.com/secpulse/topic/sec), [Nasdaq](https://blog.sullivanlaw.com/secpulse/topic/nasdaq), [offering](https://blog.sullivanlaw.com/secpulse/topic/offering) [All posts](https://blog.sullivanlaw.com/secpulse/all) [![Sullivan 4c](https://blog.sullivanlaw.com/hs-fs/hubfs/Sullivan%20logos/Sullivan%204c.png?width=220&name=Sullivan%204c.png "Sullivan 4c")](http://www.sandw.com) ### About the Blog --- The SEC Pulse provides updates and commentary from our Capital Markets Group on issues affecting publicly traded and privately owned businesses, investment banks and foreign companies who trade or raise capital in the United States, and boards of directors and company officers in securities transactions and corporate governance matters. *The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. 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