Thursday, June 06, 2013 4:37:17 PM
From:
Sent: Thursday, June 06, 2013 1:35 PM
To: nyselistings@nyse.com
Subject: Question regarding NYSE $4.00 listing requirement and conservatorship
Good afternoon,
I was reading this SEC document http://www.sec.gov/rules/sro/nyse/2009/34-59217.pdf and I quote
“The FHFA has specified that “the powers of the stockholders [of FNM and FRE] are suspended until the conservatorship is terminated.” Based on this, the NYSE has concluded that for purposes of its rules requiring stockholder approval of the issuance of securities, i.e., Sections 312.03 and 303A.08 of the Listed Company Manual, it is appropriate to treat FNM and FRE while they are in conservatorship in the same manner as if they were each a debtor-in-possession under the bankruptcy law.”
My question is:
If Fannie Mae’s common shares on the OTCBB closed above $4.00 per share they would now meet the NYSE listing requirements http://usequities.nyx.com/regulation/listed-companies-compliance/listings-standards/us since they would fall under bankruptcy law as written above or is being under conservatorship preventing a NYSE listing even if the share price is $4.00 or higher?
The reason I am asking is because as mentioned above Fannie Mae and Freddie Mac would fall under bankruptcy law and there have been cases of Bankrupt companies receiving a listing on the NYSE such as these 2 examples below.
1. http://www.crainsnewyork.com/article/20100302/FREE/100309967
2. http://www.globalpost.com/dispatch/news/afp/130321/nyse-eyes-suntech-listing-after-bankruptcy-filing
Please get back to me on this.
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