You wouldn't comment on it because it could open Y

You wouldn't comment on it because it could open YOU up to litigation or cause your deal to be voided potentially. Again, it's just common sense. The clauses in the agreement are between the parties and do not have to be made public unless they are enacted. No, stockholders do not have a right to know every detail of a contract, which is why contracts are never made public, just the material terms are.

You want a million amateur lawyers giving their opinions on things like that? I sure wouldn't!