Perhaps we're both a bit off on the price issue: "The aggregate market value of the registrant’s outstanding voting and non-voting common equity shall be computed by use of the price at which the common equity was last sold, or the average of the bid and asked prices of such common equity, in the principal market for such common equity as of a date within 60 days prior to the date of filing"
If necessary to meet the minimum the Company would use the highest described price between 8/1 and 9/30.
And it seems that the float determination isn't what we thought it was either...it too is determined in the 60 day period prior to the 10-K date. In fact.... "It is important to note that you need not use the same date for determining the number of shares held by non-affiliates and the market value of the common equity. For example, you could calculate the number of shares held by non-affiliates as of the date of filing or date of sale and use some other date within 60 days to determine market value."
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