EMT,
IMO they didn't want to buy S+L's shares OR S+L didn't want to sell them that way.
There was no reason they could not have done so when they were buying shares last year. I would hope "if they coulda they woulda" Obviously one of the parties had no interest in it.
FWIW, (and that is absolutely nothing) I believe S+L are not selling now and haven't been since the settlement and NDA since they would be privy to inside info.
(I) can't wait