Agreed EZ, the idea that any substantive terms are still at issue is nonsense. The parties have been at this for quite some time and the recent Binding Primary Agreement references an earlier agreement (Feb 2010) that superseded all prior negotiations:

This Agreement and the confidentiality and standstill agreement dated February 15, 2010 (the “Confidentiality Agreement”) between the parties contain the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements and understandings wi th respect thereto. . . . § 17 Primary Binding Agreement

It is quite likely that the basic terms (like 1/3 -- 2/3) were agreed to prior to February, and they started the detailed negotiations and work on the A&F Agreement around that time. It takes a long time to hammer out the details and draft such a document, and do necessary translations.