I recall FW actually being concerned of takeovers and other challenges at one point so perhaps the clauses existence was tied up with what seemed to offer stability at that time. Sorry not totally in the know with that one.
In terms of the clause itself it seems as though FW must have accepted its deletion so the all party requirement for change has been met. It would have been very difficult to configure a deal without a change of control and FW is and must be a pragmatist having lost his kingdom due to his mistakes from fear with shorting on his stock. He stands to loose a lot if a deal is not made as do other Holders.
I had been trying to work out how on earth it was possible given the extent of capitalization required how this clause could stay so am reassured by it deletion .
QIN Price at posting:
29.5¢ Sentiment: Buy Disclosure: Held