Winner,
The share total is not 400M. It is 521M minus whatever they have been able to purchase on the buyback (maybe 15-20M?).
Yes, they have majority voting control totally locked up.
They probably could take this thing private very easily. When I emailed Moskowitz this question, his answer (in writing, in an email) was: "not going private no chance" (that was the entire email).
Metter said they were buying back so many shares it was "like" they were going private. IF they had a super secret plot to vote a take under at a low-ball price, then
a) Moskowitz would have said "no comment"
b) Metter would not have had any interest in hinting this
Wadi Rum