It would be too easy to seize assets to satisfy a judgement, why mess with the stock? but you never know, you could be 100% right. But I will tell you, I sure would not take on stock that I was going to lose my butt on,when I new there were physical assets to be had.
BMSN is listed on the pinkies. Both parties involved know the meaning of how risky that is. So to protect the client's best interest their attorney most likely considered both the up and down side of the stock and negotiated on the down side (lowest PPS). My best guess is Koos saw this as a way to get out from under this lawsuit and agreed as to him the stock is just printed paper, not his bank account regardless of how the clinical trials progress.
If you put yourself in Koos' position you would most likely agree to a similar offer.
At 10M shares, they have the gamble opportunity to make $500,000 @ $.05 or even $1M @ $.10. Or even sell off half @ $.05 to recover debt owed, then ride the remaining shares to possibly make a large profit beyond what was owed. I'm sure they weighed this opportunity verses risk of being able to possibly get less than what was owed. I'm also sure they got to see all current cards on the table to indicate the company's potential before agreeing on the deal.