I would say that the implied covenant of good faith and fair dealing applies to shareholders' contract rights, which should hypothetically travel with the shares.
If you're assessing things from a damages model, then it's unclear. The net worth sweep harmed shareholders over many years; it's difficult to argue that OG holders were the only ones harmed. Would this be a pro-rated damage model? I've owned shares on and off since 2016 and I would gladly take retroactive dividends for my time of ownership.