Opty said it absolute correctly:

"Might there be a chance that the transaction ends up being nullified and require renegotiation? I don't know. But if there is, we certainly wouldn't want to have to issue a pr retracting such purchase announcement, would we?"

From both legal and communications perspectives an "Apple buys MMP"-pr would have been a tremendous mistake, therefore I'm very glad there has been no pr so far.

And to try to construct another alleged failure of the BoD out of this would be a huge sign of missing business experience and understanding.

GLTA