Pimp: an acquirer with intent to take over has to stop at 5% and let its intentions be known to the company and shareholders. Almost always has the effect of making the price go up. That is why a potential acquirer gets his 5% and then submits an offer to the company.
But IMO that is not how Neom is going to go. Looks like McCready is looking to negotiate with new investors for new equity, hopefully enough to take out the YA debentures and convertible preferred and still give the company enough money to operate for a couple of years. Not an outright sale. As I see it, the new investor(s) may get a new class of voting preferred that gives them board control, and perhaps some warrants and/or common.
Any legal analysis I post is not a formal legal opinion and may not be relied on by anyone for any purpose. If you want legal advice you can rely on, hire a lawyer.