I think that NSM wants WMIH stock to be above 4 because it knows what the other deal WMIH is going to get, but it cannot say it now and so it uses the stock price as a warranty that WMIH will get that deal, whatever it is.
Otherwise the stock price above 4 to list on a major exchange makes no sense since the merging company will have revenue and income and the stock will be on a major exchange anyway. In fact, NSM is already on NYSE and so why don't they stay there and take WMIH along.
And so I don't think NSM will "waive" this stock above 4 criteria because it means that WMIH does not get the other deal.