What you call a "selective reading of the guide" I call an examination of Nasdaq Listing Requirements and standards for Capital Markets and making a determination as to whether or not CTIX meets those standards. -CallMeCrazy
So an "examination" of a brief listing guide caught something that attorneys who specialize in up-listing applications were simply unaware of? Whoops? What a surprise?
and discussed the issue in depth with an executive at NASDAQ. I came to the conclusion that the process is simply more complicated and nuanced than to suggest that the expert attorneys and CEO overlooked something so obvious from the cliff notes "guide" version.
The fact is, one applies, in this case on the basis of expert counsel. One doesn't specify that the application is based upon bid price or closing price. Obviously the attorneys must have had an opinion that the application is valid. NASDAQ then opens a discuss based upon the application and their view of the requirements and what further they want, and in our case they made a decision that they wanted a higher share price.
If it were as simple as, "Damn, I found out I can't buy beer till I'm 21 and I tried at 20" then the lawyer who advised you that you could would have to be pretty incompetent and culpable for damages.
I think what I discovered, which is that the process is more nuanced and subject to discretion makes more sense than the suggestions of blind incompetency based upon simple guides.
But whatever, everyone's entitled to an opinion.
"Games are won by players who focus on the playing field -- not by those whose eyes are glued to the scoreboard." - Warren Buffett