I'm not a lawyer either, but when I read section 5.1 and 6.12 of the BCA one thing that stuck out to me is the language about the written waiver to close without satisfying all of the conditions of the close. The language allows the closing itself to be a written waiver of all conditions of the close. It's my understanding that a waiver is usually meant to cover minor issues that may not have been addressed prior to the close, so the waiver is usually used to nullify those minor deficiencies or conditions missed by considering them met after the close. Clearly SAGA did not meet the conditions necessary for the close and ENZC had some work to do as well, but they say they did close. So, I'm guessing they used that language to rush the closing and skip the conditions enumerated in Section 5. JMHO.
The question then, unless something gives in the meantime, is whether the closing will hold up in spite of the lawsuit brought by GLD, and apparently GLD itself wrote the proposed order for the process of the suit with an extended timeline. It's unknown if the judge set the schedule and GLD just wrote the order according to his instructions or GLD asked for the schedule. JMHO.