to the extent that I can follow what you say, this is worrisome. Thanks for (your standard)very informative post. The quote from 10q toward the end is a bit chilling- unless it is just standard language always used
"What makes the fully diluted market cap more relevant than the undiluted market cap?"
The fully diluted market cap is the one considered by the market and and prospective acquirers since it is reflective of the # shares for buyout or would be outstanding if the pipeline were to be commercially realized (because the the warrants would be exercised).
The EL clause you cite is indeed in place but wasn't really a binding constraint, for the reasons we discussed. But as our market cap drops, you're correct that it becomes a possible concern and may have to eventually be addressed by management. Hopefully we won't get to that point. Good P results in the next few weeks and/or a B deal announcement would prevent that. Let's see.
From the S-3 Registration Form: "Primary Offerings by Certain Registrants. Securities to be offered for cash by or on behalf of a registrant, or outstanding securities to be offered for cash for the account of any person other than the registrant, including securities acquired by standby underwriters in connection with the call or redemption by the registrant of warrants or a class of convertible securities; provided that the aggregate market value of the voting and non-voting common equity held by non-affiliates of the registrant is $75 million or more."