Yahoo is flaky, it didn't post when I used the "less than sign", so substituted "less than".
If I'm reading this right, it appears that 1/3 of $14.5m is about $4.6m, prior to fees, so how far will less than $4.6m go ?
From the Preliminary Prospectus"
"Pursuant to General Instruction I.B.6 of Form S-3, in no event will we sell our common stock or other securities in a public primary offering with a value exceeding more than one-third of our public float in any 12-month period so long as our public float remains below $75.0 million. The aggregate market value of our outstanding voting and nonvoting common equity as calculated pursuant to General Instruction I.B.6 is $14,511,816. For purposes of this calculation we have used the closing price on October 24, 2012, which was $0.50. We have not sold any of our securities in reliance on General Instruction I.B.6. of Form S-3 during the 12 calendar months prior to and including the date of this prospectus supplement."