In doing some research regarding hearings on the subject- they can basically force ANI/BPAX's hand and force them to institute a RS to regain compliance in a certain period of time or risk delisting- could be 1-6mos based on what I've uncovered. The alternative would be if ANI/BPAX make a point to justify their ability to get PPS up without RS, nasdaq may also provide them a timetable to do so without imposing the requirement of RS.ANI/BPAX could do a RS on their own and would get it approved without needing bpax SH votes, so it is what it is, but it's not without hurting their shares as well- they obviously aren't needing to recover from multiple RS like some of BPAX SH, but there you go...of course it could also go down in many other ways.
-RG