While no verbiage has been found saying the company has to be current in order to do buyback, there is plenty of verbiage saying a company that is not current does have Material Non-Public Information, which should prevent a buyback from being done.
As Henry now has years of Material Non-Public Information, it would be suicide for him to trade on it.
He has said many times, and very recently, that he has not bought back any shares. This is something I think everyone can believe.
IF he gets current, it can be assumed buyback will start immediately after.