Actually StockA’s logic connecting the two different contracts is not wrong. But in asking his question he made an assumption: he assumed that the Third Amendment somehow is “illegal or unenforceable” via Lamberth’s verdict on it violating the shareholders implied covenant. But as I indicated, I don’t believe that is true.
Regarding an appeal, I don’t know if Ps will appeal. But if they do, yes almost certainly damages will be their main focus. We shall see.