Fly, I was wondering the same. LJC is wrapped up in the courts with us, but there's nothing to prevent them from doing what they do until they are ordered to stop.
If I understand it, since their true-up payments are based on VwAP, closing price has nothing to do with the cost basis. If they can create large volume with trades at a price lower than the closing price like we see are seeing now, they can benefit. They are already sitting on 85M shares - yikes.