Well reading the fine print again I'm not sure anymore either. It somehow states they beneficially own these shares at the date of this filing. If you beneficially own shares you should have converted them and not just have certain rights on it I would guess. But I'm not 100% sure about it.
Reporting Person Iliad Research & Trading, L.P. (“Iliad”) has rights, under a convertible promissory note, to own an aggregate number of shares of the Issuer’s common stock which, except for a contractual cap on the amount of outstanding shares that Iliad may own, would exceed such a cap. Iliad's current ownership cap is 9.99%. Thus, the number of shares of the Issuer's common stock beneficially owned by Iliad as of the date of this filing was 4,736,292 shares, which is 9.99% of the 47,410,329 shares outstanding on September 30, 2018 (as reported in the Issuer's Form 10-Q filed November 14, 2018)
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