This means that there is no evidence that Apollo tried to use the union issue to delay the deal. This was going to be hard for Cooper to prove since there is it difficult to measure what "best efforts" means.
It's going to come down to the MAC that prevents Apollo from using the China issue as a reason to kill the deal. Roy Ames & Co better work on a deal with Apollo before the judge rules, I think the outcome is probably 50/50 with maybe a slight edge to Apollo.
The "I did not read the merger agreement" defense tells me that Apollo wants out. The best we can hope for is the break-up fee and another buyer, probably at $29-$31.