Unfortunately, there is nothing in the S-3 to indicate a limit on the number of shares, but only the amount of capital raised. While I would hope that the share price would stay above $3, they could end up issuing more than 25 million shares if the price dropped below $3.
That being said, I am hopeful like others that Leo is simply doing this as leverage to indicate that he can go it alone if need be and is not desperate to make a deal.