This is an update on the Maxim agreement. Maxim has been selling shares to keep the company in cash for a few years now and the 40 million is their current tally (at an average of .75 / sale).
By my math they did dilute by about 10 million shares during January and are now up to 178 million shares outstanding. Maxim's total limit is 90 million shares so they still have 50 million shares available to sell. I'll let you do the math as far as full potential dilution under the Maxim agreement.