Every pinkie that issues control to its founders claims "We're just preventing a hostile takeover". Hostile takeover of a company with massive losses and a market cap over $100 million? ROFLAMO. Never been one.
Meanwhile, JB can up the A/S to whatever he chooses, issue new common shares to himself, buy common shares at $.01 (triggering the latest PIPE price reduction clause and keeping them happy) or take virtually any action he chooses.
With the SEC and CA suits overhanging the company, its need for more and more PIPEs and current market cap, I bet JB would take a buyout at a fraction of the current PPS. But no one that had the sort of money necessary to do that would spend it so unwisely, IMHO.