No, there are not. Read further. They cannot legally repurchase shares under Delaware law. And there is no "loose interpretation of impaired". The Delaware Chancery Court has ruled on numerous cases brought before them on that issue - it is definitely FIRM.
And the SEC requires any repurchases by the Company to be publicly announced before they commence. They cannot buy back a single share in secret.
But all this talk about buying back shares is ridiculous. BIOAQ is bankrupt. They can't spend a penny on anything like that anyway.