I can see arguments for both sides here:
On the one hand, the contract strictly interpreted would tend towards usagi sending the money to the shareholders.
That is correct.
On the other hand "send the money back" - which usagi agreed to - clearly means to where it came from.
Given that both parties to the contract (usagi/CPA and bakewell's shareholders) agreed to waive the terms of the contract, I'd have to end on Ian's side.
That is incorrect, specifically, my post was all about how I was not going to waive the terms of my contract with Ian. Dunno where you get your info but it's not from the contract.
All things being equal, I'd rather get trolled for keeping a contract than breaking it.
Per:
https://bitcointalksearch.org/topic/scam-ipo-bakewell-finally-a-transparent-investment-that-will-grow-104489 you're perfectly willing to change the effective terms of the contract after establishment.
As per multiple interpretations of
Although if you do want the money back that's fine, I just want to see that your shareholders agree (motion).
You agreed to refund Ian pending support by shareholders. Right now you look like you're just changing your mind because it didn't work out how you thought it would.
If you would like to argue the interpretation that's one thing, but some crazy and convoluted scheme to push a dividend just seems petty at best.