(b) Each share of Tripath Common Stock that is issued and outstanding immediately prior to the Effective Time and held by Etelos shall be canceled and each certificate evidencing ownership of any such shares shall thereupon be canceled.
Glad I was stupid and didn't notice, I just read this part...
each issued and outstanding share of Etelos capital stock, other than shares held by Etelos stockholders who are not "accredited investors" or who have not appointed a "purchaser representative," will be cancelled and extinguished and converted into shares of Tripath common stock at a ratio of 3:1