I can't be certain of that, either, but I am inclined to believe they did.
Here's why: it was Equity that posed the threat to them via litigation of IT. It was Equity that they needed to appease in the settlement, IMO.
The EC has given the judge the ultimate say in the matter, since, as you have eloquently pointed out, the commons have not gotten "consent" of the prefs, other than those on the EC.
However, if the SNH's hold a huge block of prefs, and if they vote YES, it won't take many of us Regular Joes voting Yes to push it through.
IMO