They do not wait until the last minute. There are timelines well before the final date where companies are flagged and data is collected. That's how the 10-day period was suspended after the first grace period. That wasn't done at the last minute.
But, believe what you will. It's not in any rulebook you see.
Even if it's possible and it probably is, I highly doubt it'll be successful. Most likely NASDAQ will see a denial as a way to protect investors from this sham. Might by them a few days but the end result likely wouldn't change.
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