BMSN is listed on the pinkies. Both parties involved know the meaning of how risky that is. So to protect the client's best interest their attorney most likely considered both the up and down side of the stock and negotiated on the down side (lowest PPS). My best guess is Koos saw this as a way to get out from under this lawsuit and agreed as to him the stock is just printed paper, not his bank account regardless of how the clinical trials progress.
If you put yourself in Koos' position you would most likely agree to a similar offer.
Peace is that glorious moment in history when everyone stands around -- RELOADING.