The definition being used by the SEC to determine exemption from Rule 14a-11 is not which box the company ticked on the 10Q, but, as I have tried to explain:

Accordingly, the security holder nomination procedure would apply to a company after it first meets the following conditions as of the end of its fiscal year:

• The company's common equity public float was $75 million or more as of the last business day of its most recently completed second fiscal quarter

These are the facts and ignoring them will not change the SEC Rule.

Perhaps you would like to check my maths?:

410,149,523 shares outstanding at November 30, 2009 @ 18 cents = $73,826,914.14

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Be well