I think it's reasonable that this is not counted, unless there's some possible condition on the stock ownership that I'm not aware of. If they ultimately disagree with the decisions from Facebook then they can, in theory, get help from the other stakeholders to override them.

That said, I would not be the least bit surprised if this turned out to be some scheme in which they use a series of technicalities that make the deal look like a merger but "be" an investment.