There has not been a ruling on the agreement because it has not been brought to court for anyone to figure out. I don't know of anywhere that it was determined the BOC as you say was ever determined to be illegal. Regardless what my opinion might be, unless or until a court determines they acted or were placed in control illegally, every agreement they made is legally enforceable. If you have enough money you might file a lawsuit to try and establish the fact that they were illegal and therefore any actions taken by them were not legal. Until that happens, only the Receiver can make those judgments. The Delaware case only spoke to the fact that none of the BOD were elected by the shareholders. The judge did not rule they were illegal.
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