I agree with your points.
The notion that they are not "arms length" is not necessarily true. I know of many public companies that deal with their affiliates, many of which are not public, in a manner intended to create "arms length" relationships, usually through the use of internal guidance and requirements as well as internal legal requirements. Sometimes you use external counsel to negotiate for one of the parties, but not always. This happens every day in banking and finance. I know this to be a fact and that the regulators know that it is a part of the business and that's just the way it is in those fields. And I believe the company has already had these discussions re such relationships and how to deal with them with the SEC and has procedures in place to address such issues, as other companies also have such procedures and requirements.