This long-standing caution is, I fear, the coup de grace.

If we prevail on the Summary Judgement and the Preferred Stock is issued then it will probably be in secret (like the long-ago warrants) and almost certainly only to "friends" of the BoD, probably under the guise of raising capital to fund wrap-up litigation.

it will likely decimate the already (deliberately?) driven-down stock price.

"We are authorized to issue up to a total of 5,000,000 shares of preferred stock in one or more series. Our Board of Directors may determine whether to issue shares of preferred stock without further action by holders of our Common Stock. If we issue shares of preferred stock, it could affect the rights or reduce the value of our Common Stock. In particular, specific rights granted to future holders of preferred stock could be used to restrict our ability to merge with or sell our assets to a third party. These terms may include voting rights, preferences as to dividends and liquidation, conversion and redemption rights, and sinking fund provisions. If we seek capital for our business, such capital may be raised through the issuance of preferred stock."