No, I wouldn't. Besides the 26M shares they're seeking, they're also seeking damages of at least $4.2 million, as well as their legal fees reimbursed.
As far as the buyback, the terms of the 12% note forbids VYST from doing any kind of buyback without permission from EMA, until the note is paid off in full. So they can't legally buyback anything until this matter is resolved, at the very least.
The other convertible notes that are still outstanding might also include terms forbidding share buybacks, although I haven't read them so cannot confirm such.