The 8k reflects the share structure as it is when it is written.
Under your scenario, if they put 25M-100M shares in this deal, it would be subjected to another divide come RS. Leaving them with 1.25M-20M.
And it wouldn't be a Supreme Court issue, it would, at worst, be a forced bankruptcy if they promised more shares then they could convert when it came time to cash in. Which, again, won't happen because we have the company the authority to RS