Without drearily wading through the 8-Ks I would hazard a guess of around 160 million shares left as of this last 8K. 15 million may or may not be reserved for the potential warrants if the Welch deal is defaulted on. I know on some of the warrant deals Cytodyn has basically said if we have available shares you're all good to exercise if we don't then you're just going to have to wait until we do.
I have no idea where you got your 40 million shares left from.