The R/S can come after the appeal if they convince the committee that share holders will vote Yes next time around. I can only see this happening if some or all of the following happen
Q4 numbers are solid - cash flow neutral on subs MPE spinoff happens with dividend back to HMNY No more dilutive funding for HMNY, this might be possible for HMNY once MPE is spunoff as most of the costs are related to MP