Road, I agree it's complex. I bet the Skype deal was, too. I don't believe that the initial stock payout to BD was part of the same "deal" as the new hypothetical buyout. It certainly was part of BD's plan, but ATRN could well be insulated from being seen as complicit in that. They gave BD a sweet stock deal because they had no realistic way at the time of paying BD back in cash. They're further insulated because they have a new CEO. BD now comes back to Fong and makes a buyout offer he "can't refuse." There are lots of conditions (e.g., going dark, not posting 4th quarter financials or the 10k, etc.) but BD is in a position of power because they have a majority of shares. In this hypo, BD asks for a dark period lasting 60 days, for example, because it knows it can buy cheap shares during that time. Fong agrees because he got burned at Orchard by not making a similar agreement and having the stock price go up after initial talks were initiated.
Again, I could be wrong. But, retiring shares and not posting 4q financials, even "informally," only makes sense in my mind if they're being bought/taken private by BD.