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Nasdaq Requirement for Shareholder Approval of Private Financings

Determining whether a Nasdaq issuer must obtain shareholder approval of a private financing can be a time-consuming and complex process that often requires issuers to consult a number of different rules and guidelines in a limited amount of time. A thorough examination and understanding of these rules and regulations, particularly the over 100 published Nasdaq Interpretative Letters governing private placement financings, is critical for any issuer seeking to conduct one of these transactions and can assist the issuer in structuring its financing to avoid the need to obtain shareholder approval.

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