This might help:
This number includes 9,495,694 shares of common stock issuable upon
the conversion of previously issued convertible debentures. These
shares have been previously registered. This number also includes
14,618,233 shares of common stock issuable upon exercise of
outstanding warrants previously issued to Lincoln which are currently
exercisable, which shares would not be deemed beneficially owned (due
to exercise restrictions within the warrants) within the meaning of
Sections 13(d) and 13(g) of the Exchange Act to the extent that their
acquisition in a warrant exercise by Lincoln would cause Lincoln to
own in excess of 4.99% of our outstanding common stock immediately
following such exercise. By the terms of the Debentures, the 4.99%
limitation may be increased to a maximum of 9.99% if the Company
accepts a tender offer and a change in control takes place. Therefore,
it is expected that Lincoln will not beneficially own more than 9.99%
of our outstanding common stock at any time. Roy Adams has ultimate
voting and/or investment control over the securities owned by Lincoln.
http://www.secinfo.com/d12TC3.2w4.htm
(page 18)
It would appear that they kept under the 5% reporting limit until 2006.
Be well