I don't think so. If that was the case they would have released this already and stated that they need the R/S because of this reason.
My guess is what it has always been since they cancelled the vote and accelerated the notes. It is the reason I requested a list of 2009 note holders. I believe that the 2009 note holders and 2008 note holders are one in the same.
No big deal really. If it goes to legal action a judge could force the company and SEC to release this information.
We will have to wait and see, but once again good news followed by some very shaky stuff.