"Treasury was not found to have violated the implied covenant because that covenant was only between the companies and the shareholders; why would they either choose to or be forced to take any action at all regarding the LP in light of the jury verdict?"
The only way for FHFA to prevent the continuation of the clause that was in violation would be to remove or amend the agreement with that clause. Treasury is obviously the other party in the agreement. It's really not complicated.
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