The good thing with the anti-shorting clause is that if Tom some how comes up with the cash to payoff the CD and YA has already shorted now they will have to buyback the shares.
What happens you have a violent squeeze because the shorted shares are in our hands and we can make them pay to get it from us. Its dangerous for YA to do that. They will be breaking and violating the CD agreement.
Thats why I think that the exchange agreement is critical to the share restructuring here. The Legacy Debt was ridiculous we talking about 500M shares for $500K.
Go read the 8K and find the execution page of the exchange agreement.