There are still enough shareholders who haven't agreed to the $5 offer (yet). Crest hasn't and they are likely to make a statement why they haven't capitulated yet. It's up to Dish to make those remaining shares count and get a seat on the table.
On top of that: a $115M break-up fee means first of all that things aren't wrapped up yet. The break-up fee equals less then 10 cents on the dollar projected on all the shares outstanding.