My opinion has changed in that MDNO did not send a notice to shareholders to vote on a RS, which is really what happened here(65), AND Scottrade rightfully declares the short transaction void because the RS was not properly authorized and should noy have been issued(66).
My reply:
MODR/MDNO had approval from more than 65% of the shareholders; thus giving them the authorization and legal right to conduct the corporate restructuring. (Insiders hold more than 65% of the stock)