Unfortunately that's not gonna fly. It's ridiculous. You seriously believe that the judge is prepared to change the universally accepted definition of "shares outstanding" merely to accommodate CMKX's need to make enough excuses to continue trading?
I don't.
Their interpration of the O/S is that it accounts for all outstanding shares, not just shares issued and outstanding from the company.
That is the wrong interpretation of the O/S as it relates to a balance sheet filing. The TA knows that number as it relates to the company. No one and no company includes and reports naked shares as outstanding on their SEC filings.