Well it certainly looks like that, so it is a bit
Post# of 72440
If they converted all the preferred shares at the upper limit it would amount to a min of 34 mil shares, add that to the roughly 165 mil shares and you get roughly 200 mil shares.
The 9.99% is then only 20 mil shares, so why would they even agree to that if there weren't more holders than one and why would they even put that criteria in there if there was only one holder.