They are part of the "fully diluted capitalization" which takes into account all the shares that make up the company equity.
The 13Ds are in lock step with the 8k. They are naturally filed after the 8k. The purpose of the 13D filing is to notify the public of the shares that are greater than 5% beneficially held shares . Article 5A is boiler plate language in all 13Ds. It does not change the fact that the shares are part of the fully diluted capitalization