Late for a Very Important Date--Consequences of Late SEC Filings and the Application of Rule 12b-25
[...] What else should Alice be aware of in connection with the late filing?
There are several other topics that a company should keep in mind in connection with a late filing. These include:
- the effect on sales of securities under Rule 144 and Form S-8;
- reporting covenants in its credit agreements or bond indentures (see our Client Alert “Indenture Reporting Covenants and Section 314(a) of the Trust Indenture Act” for a discussion of the intersection of late periodic filings,
- reporting covenants and the Trust Indenture Act); and
-if the company is listed, NYSE or NASDAQ rules about late filings and the potential for delisting (see NYSE Rule 802.01E, NASDAQ Rule 5250(c)).