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Eli's Gone

05/16/20 11:36 AM

#306871 RE: loanranger #306870

The only thing I would add concerns the Rule 12b-25 extension (15 days for a 10-K and 5 for a 10-Q)

these extensions are still available to an issuer if they properly filed an 8-K by the original due date---the 12b-25's are available at the end of a properly filed COVID 45 day extension...

https://www.milbank.com/images/content/1/2/v4/129072/GCM-Client-Alert-COVID-19-Update-March-2020.pdf

Continued Availability of Rule 12b-25 Relief
The SEC release also confirmed that if registrants are not able to meet the extended deadline, they will still be able to request further extensions after the 45-day extension has expired, pursuant to the existing filing
deadline extension process that is available under Rule 12b-25 under the Exchange Act.



https://www.sec.gov/divisions/corpfin/guidance/exchangeactrules-interps.htm#135.13

On the other hand, a registrant that relies on the COVID Order for a report will be considered to have a due date 45 days after the original filing deadline for the report. As such, the registrant would be permitted to subsequently rely on Rule 12b-25 if it is unable to file the report on or before the extended due date.