First, nasdaq doesn't go to the company website to see if they are compliant, they require the company to file a formal notice of change in governance. The website means nothing in this process. Second, there is a 180 day cure period that starts after formal notice is made to nasdaq (again, the website doesn't count). Third, as MM noted so many times during the conference calls - listing on nasdaq is at the sole discretion of nasdaq itself. You think the recent communications from the sec, fda, and the lawsuits won't have a bearing on that decision?

My original point was that up listing isn't a realistic expectation - trying to imply up listing is likely at this point is misinformation itself.