The ONLY thing Labor SMART is required (not forced) to do is make sure they meet the reserve requirements per the note Agreement. It is a smart move for the company is ensure all the note holders that they will not jeopardize defaulting any notes by not meeting their requirements.
Additionally, financial institutes could give a rats a$$ about preferred shares or voting rights. The are not in the business of trying to control companies only make money off of them through financings.