Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change Proposing To Adopt Listing Standards for Subscription Warrants Issued by a Company Organized Solely for the Purpose of Identifying an Acquisition Target, 50748-50750 [2021-19509]
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50748
Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices
Additional Information: Due to
COVID–19, there will be no physical
public attendance. The public is invited
to attend the Commission’s meeting live
by webcast at the Web address—https://
video.nrc.gov/.
Week of October 4, 2021—Tentative
Tuesday, October 5, 2021
10:00 a.m. Meeting with the Advisory
Committee on the Medical Uses of
Isotopes (Public Meeting); (Contact:
Kellee Jamerson: 301–415–7408).
Additional Information: Due to
COVID–19, there will be no physical
public attendance. The public is invited
to attend the Commission’s meeting live
by webcast at the Web address—https://
video.nrc.gov/.
Friday, October 8, 2021
10:00 a.m. Meeting with the Advisory
Committee on Reactor Safeguards
(Public Meeting); (Contact: Larry
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Additional Information: Due to
COVID–19, there will be no physical
public attendance. The public is invited
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Week of October 11, 2021—Tentative
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jbell on DSKJLSW7X2PROD with NOTICES
CONTACT PERSON FOR MORE INFORMATION:
For more information or to verify the
status of meetings, contact Wesley Held
at 301–287–3591 or via email at
Wesley.Held@nrc.gov. The schedule for
Commission meetings is subject to
change on short notice.
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Schedule can be found on the internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
The NRC provides reasonable
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distribution, please contact the Nuclear
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The NRC is holding the meetings
under the authority of the Government
in the Sunshine Act, 5 U.S.C. 552b.
Dated: September 8, 2021.
For the Nuclear Regulatory Commission.
Wesley W. Held,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2021–19719 Filed 9–8–21; 4:15 pm]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–92876; File No. SR–NYSE–
2021–45]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing of Proposed Rule Change
Proposing To Adopt Listing Standards
for Subscription Warrants Issued by a
Company Organized Solely for the
Purpose of Identifying an Acquisition
Target
September 3, 2021.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on August
24, 2021, New York Stock Exchange
LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the selfregulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
NYSE Listed Company Manual
(‘‘Manual’’) to adopt a new listing
standard for the listing of Subscription
Warrants. The proposed rule change is
available on the Exchange’s website at
www.nyse.com, at the principal office of
the Exchange, and at the Commission’s
Public Reference Room.
15 U.S.C. 78s(b)(1).
15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1
2
PO 00000
Frm 00055
Fmt 4703
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II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to adopt a
new subsection of Section 102 of the
Manual (to be designated Section
102.09) to permit the listing of
Subscription Warrants. For purposes of
proposed Section 102.09 a Subscription
Warrant is a warrant issued by a
company organized solely for the
purpose of identifying an acquisition
target and exercisable into the common
stock of such company upon entry into
a binding agreement with respect to
such acquisition.
Initial Listing Standards for
Subscription Warrants
The Exchange will list Subscription
Warrants subject to the following
requirements:
(i) The issuer of the Subscription
Warrants must be a company formed
solely for the purpose of issuing the
Subscription Warrants and
consummating the acquisition of one or
more operating businesses or assets with
a value (calculated at the time of entry
into the acquisition agreement) equal to
at least 80% of the aggregate exercise
price of the Subscription Warrants (an
‘‘Acquisition’’).
(ii) For a transaction to qualify as an
Acquisition, the resultant entity must
qualify for initial listing on the
Exchange and the acquisition agreement
must provide that the transaction will
be consummated only if the resultant
entity will be listed on the Exchange or
another national securities exchange.
(iii) At the time of initial listing, the
Subscription Warrants must: (A) Have
an aggregate exercise price of at least
$250 million; (B) have at least 1,100,000
publicly held Subscription Warrants
outstanding, with an aggregate exercise
price of at least $200 million; (C) have
at least 400 holders of round lots; (D)
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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices
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have an exercise price per share of
common stock of at least $10.00; and (D)
expire in no more than 10 years. For
purposes of proposed Section 102.09,
public holders of Subscription Warrants
do not include those held by directors,
officers, or their immediate families and
other concentrated holdings of 10
percent.
(iv) The Subscription Warrants may
not be fully exercisable for common
stock of a company until after such
company enters into a binding
agreement with respect to the
Acquisition and may not limit the
ability of holders to exercise such
warrants in full prior to the closing of
such Acquisition.
(v) The proceeds of the exercise of the
Subscription Warrants will be held in
an interest-bearing custody account
controlled by an independent custodian,
pending the closing of such Acquisition.
(vi) The shares of common stock
issued upon exercise of the Subscription
Warrants will promptly be redeemed by
the issuer of such Subscription Warrants
for cash (A) upon termination of the
acquisition agreement; or (B) if the
Acquisition does not close within
twelve months from the date of exercise
of the Subscription Warrants, or such
earlier time as is specified in the
operative agreements. If the shares
issuable upon exercise of the
Subscription Warrants are redeemed,
the holders will receive cash payments
equal to their proportional share of the
funds in the custody account, including
any interest earned on those funds.
(vii) The sale of the Subscription
Warrants and the issuance of the
common stock of the issuer in exchange
for the Subscription Warrants must both
be registered under the Securities Act.
(viii) The issuer of the Subscription
Warrants will be subject to the same
corporate governance requirements
under Section 303A hereof as an issuer
of listed common stock.
(ix) the Acquisition must be approved
by a majority of the independent
directors of the issuer of the
Subscription Warrants.
Continued Listing Standards for
Subscription Warrants
The Exchange will immediately
initiate suspension and delisting
procedures of an issuer’s Subscription
Warrants if:
• The number of publicly-held
Subscription Warrants is fewer than
100,000;
• the number of public holders of
such Subscription Warrants is fewer
than 100; or
• the total market capitalization of
such Subscription Warrants is below
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18:09 Sep 09, 2021
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50749
$15 million over 30 consecutive trading
days.
market participants, to the benefit of
investors and the marketplace.
2. Statutory Basis
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange believes that the
proposed rule change is consistent with
Section 6(b)(5) of the Act,4 in that it is
designed to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest, and is
not designed to permit unfair
discrimination between customers,
issuers, brokers, or dealers.
Furthermore, the Exchange believes
that the proposed listing standard is
consistent with Section 6(b)(5) of the
Act in that it contains requirements in
relation to the listing of Subscription
Warrants that provide adequate
protections for investors and the public
interest. In particular:
• The Subscription Warrants may not
be fully exercisable for common stock of
a company until after such company
enters into a binding agreement with
respect to the Acquisition and may not
limit the ability of holders to exercise
such warrants in full prior to the closing
of such Acquisition.
• The proceeds of the exercise of the
Subscription Warrants will be held in
an interest-bearing custody account
controlled by an independent custodian,
pending the closing of such Acquisition.
• The shares of common stock issued
upon exercise of the Subscription
Warrants will promptly be redeemed by
the issuer of such Subscription Warrants
for cash (A) upon termination of the
acquisition agreement; or (B) if the
Acquisition does not close within
twelve months from the date of exercise
of the Subscription Warrants, or such
earlier time as is specified in the
operative agreements. If the shares
issuable upon exercise of the
Subscription Warrants are redeemed,
the holders will receive cash payments
equal to their proportional share of the
funds in the custody account, including
any interest earned on those funds.
The proposed rule change is designed
to perfect the mechanism of a free and
open market and, in general, to protect
investors and the public interest in that
it will facilitate the listing and trading
of an additional type of security and
that will enhance competition among
4 15
PO 00000
U.S.C. 78f(b)(5).
Frm 00056
Fmt 4703
Sfmt 4703
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule would be available in a
non-discriminatory way to any company
satisfying its requirements, as well as all
other applicable NYSE listing
requirements. In addition, the Exchange
faces competition for listings but the
proposed rule change does not impose
any burden on the competition with
other exchanges; any competing
exchange could similarly adopt rules to
allow the listing of Subscription
Warrants.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or up to 90 days (i) as the
Commission may designate if it finds
such longer period to be appropriate
and publishes its reasons for so finding
or (ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) By order approve or disapprove
the proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSE–2021–45 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
E:\FR\FM\10SEN1.SGM
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50750
Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSE–2021–45. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NYSE–2021–45, and
should be submitted on or before
October 1, 2021.
MATTERS TO BE CONSIDERED:
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the closed meeting. Certain
staff members who have an interest in
the matters also may be present.
In the event that the time, date, or
location of this meeting changes, an
announcement of the change, along with
the new time, date, and/or place of the
meeting will be posted on the
Commission’s website at https://
www.sec.gov.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
and (10) and 17 CFR 200.402(a)(3),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and
(a)(10), permit consideration of the
scheduled matters at the closed meeting.
The subject matter of the closed
meeting will consist of the following
topics:
Institution and settlement of injunctive
actions;
Institution and settlement of
administrative proceedings;
Resolution of litigation claims; and
Other matters relating to examinations
and enforcement proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting agenda items that
may consist of adjudicatory,
examination, litigation, or regulatory
matters.
CONTACT PERSON FOR MORE INFORMATION:
For further information; please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.5
J. Matthew DeLesDernier,
Assistant Secretary.
Dated: September 8, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021–19667 Filed 9–8–21; 11:15 am]
BILLING CODE 8011–01–P
[FR Doc. 2021–19509 Filed 9–9–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–451, OMB Control No.
3235–0509]
Sunshine Act Meetings
2:00 p.m. on Wednesday,
September 15, 2021.
PLACE: The meeting will be held via
remote means and/or at the
Commission’s headquarters, 100 F
Street NE, Washington, DC 20549.
STATUS: This meeting will be closed to
the public.
jbell on DSKJLSW7X2PROD with NOTICES
TIME AND DATE:
5
18:09 Sep 09, 2021
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Extension:
Rule 301 of Regulation ATS
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
17 CFR 200.30–3(a)(12).
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Submission for OMB Review;
Comment Request
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(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the previously approved
collection of information provided for in
Rule 301 of Regulation ATS (17 CFR
242.301) under the Securities Exchange
Act of 1934 (15 U.S.C. 78a et seq.)
(‘‘Exchange Act’’).
Regulation ATS provides a regulatory
structure for alternative trading systems.
Rule 301 of Regulation ATS contains
certain record keeping and reporting
requirements, as well as additional
obligations that apply only to alternative
trading systems with significant volume.
The Rule requires all alternative trading
systems that wish to comply with
Regulation ATS to file an initial
operation report on Form ATS.
Alternative trading systems are also
required to supply updates on Form
ATS to the Commission describing
material changes to the system, file
quarterly transaction reports on Form
ATS–R, and file cessation of operations
reports on Form ATS. An alternative
trading system with significant volume
is required to comply with requirements
for fair access and systems capacity,
integrity, and security. Rule 301 also
imposes certain requirements pertaining
to written safeguards and procedures to
protect subscribers’ confidential trading
information.
The Commission staff estimates that
entities subject to the requirements of
Rule 301 will spend a total of
approximately 2,687 hours a year to
comply with the Rule.
Regulation ATS requires ATSs to
preserve any records, for at least three
years, made in the process of complying
with the systems capacity, integrity and
security requirements.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
The public may view background
documentation for this information
collection at the following website:
www.reginfo.gov. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to (i) www.reginfo.gov/public/do/
PRAMain and (ii) David Bottom,
Director/Chief Information Officer,
Securities and Exchange Commission,
c/o Cynthia Roscoe, 100 F Street NE,
E:\FR\FM\10SEN1.SGM
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Agencies
[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50748-50750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19509]
=======================================================================
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-92876; File No. SR-NYSE-2021-45]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Proposing To Adopt Listing
Standards for Subscription Warrants Issued by a Company Organized
Solely for the Purpose of Identifying an Acquisition Target
September 3, 2021.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on August 24, 2021, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the NYSE Listed Company Manual
(``Manual'') to adopt a new listing standard for the listing of
Subscription Warrants. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to adopt a new subsection of Section 102 of
the Manual (to be designated Section 102.09) to permit the listing of
Subscription Warrants. For purposes of proposed Section 102.09 a
Subscription Warrant is a warrant issued by a company organized solely
for the purpose of identifying an acquisition target and exercisable
into the common stock of such company upon entry into a binding
agreement with respect to such acquisition.
Initial Listing Standards for Subscription Warrants
The Exchange will list Subscription Warrants subject to the
following requirements:
(i) The issuer of the Subscription Warrants must be a company
formed solely for the purpose of issuing the Subscription Warrants and
consummating the acquisition of one or more operating businesses or
assets with a value (calculated at the time of entry into the
acquisition agreement) equal to at least 80% of the aggregate exercise
price of the Subscription Warrants (an ``Acquisition'').
(ii) For a transaction to qualify as an Acquisition, the resultant
entity must qualify for initial listing on the Exchange and the
acquisition agreement must provide that the transaction will be
consummated only if the resultant entity will be listed on the Exchange
or another national securities exchange.
(iii) At the time of initial listing, the Subscription Warrants
must: (A) Have an aggregate exercise price of at least $250 million;
(B) have at least 1,100,000 publicly held Subscription Warrants
outstanding, with an aggregate exercise price of at least $200 million;
(C) have at least 400 holders of round lots; (D)
[[Page 50749]]
have an exercise price per share of common stock of at least $10.00;
and (D) expire in no more than 10 years. For purposes of proposed
Section 102.09, public holders of Subscription Warrants do not include
those held by directors, officers, or their immediate families and
other concentrated holdings of 10 percent.
(iv) The Subscription Warrants may not be fully exercisable for
common stock of a company until after such company enters into a
binding agreement with respect to the Acquisition and may not limit the
ability of holders to exercise such warrants in full prior to the
closing of such Acquisition.
(v) The proceeds of the exercise of the Subscription Warrants will
be held in an interest-bearing custody account controlled by an
independent custodian, pending the closing of such Acquisition.
(vi) The shares of common stock issued upon exercise of the
Subscription Warrants will promptly be redeemed by the issuer of such
Subscription Warrants for cash (A) upon termination of the acquisition
agreement; or (B) if the Acquisition does not close within twelve
months from the date of exercise of the Subscription Warrants, or such
earlier time as is specified in the operative agreements. If the shares
issuable upon exercise of the Subscription Warrants are redeemed, the
holders will receive cash payments equal to their proportional share of
the funds in the custody account, including any interest earned on
those funds.
(vii) The sale of the Subscription Warrants and the issuance of the
common stock of the issuer in exchange for the Subscription Warrants
must both be registered under the Securities Act.
(viii) The issuer of the Subscription Warrants will be subject to
the same corporate governance requirements under Section 303A hereof as
an issuer of listed common stock.
(ix) the Acquisition must be approved by a majority of the
independent directors of the issuer of the Subscription Warrants.
Continued Listing Standards for Subscription Warrants
The Exchange will immediately initiate suspension and delisting
procedures of an issuer's Subscription Warrants if:
The number of publicly-held Subscription Warrants is fewer
than 100,000;
the number of public holders of such Subscription Warrants
is fewer than 100; or
the total market capitalization of such Subscription
Warrants is below $15 million over 30 consecutive trading days.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b)(5) of the Act,\4\ in that it is designed to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest, and is not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
Furthermore, the Exchange believes that the proposed listing
standard is consistent with Section 6(b)(5) of the Act in that it
contains requirements in relation to the listing of Subscription
Warrants that provide adequate protections for investors and the public
interest. In particular:
The Subscription Warrants may not be fully exercisable for
common stock of a company until after such company enters into a
binding agreement with respect to the Acquisition and may not limit the
ability of holders to exercise such warrants in full prior to the
closing of such Acquisition.
The proceeds of the exercise of the Subscription Warrants
will be held in an interest-bearing custody account controlled by an
independent custodian, pending the closing of such Acquisition.
The shares of common stock issued upon exercise of the
Subscription Warrants will promptly be redeemed by the issuer of such
Subscription Warrants for cash (A) upon termination of the acquisition
agreement; or (B) if the Acquisition does not close within twelve
months from the date of exercise of the Subscription Warrants, or such
earlier time as is specified in the operative agreements. If the shares
issuable upon exercise of the Subscription Warrants are redeemed, the
holders will receive cash payments equal to their proportional share of
the funds in the custody account, including any interest earned on
those funds.
The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
an additional type of security and that will enhance competition among
market participants, to the benefit of investors and the marketplace.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule would be
available in a non-discriminatory way to any company satisfying its
requirements, as well as all other applicable NYSE listing
requirements. In addition, the Exchange faces competition for listings
but the proposed rule change does not impose any burden on the
competition with other exchanges; any competing exchange could
similarly adopt rules to allow the listing of Subscription Warrants.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
(A) By order approve or disapprove the proposed rule change, or
(B) institute proceedings to determine whether the proposed rule
change should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-NYSE-2021-45 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange
[[Page 50750]]
Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSE-2021-45. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2021-45, and should be submitted on
or before October 1, 2021.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
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\5\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-19509 Filed 9-9-21; 8:45 am]
BILLING CODE 8011-01-P