The fat lady hasn't sung yet and if Sam can control the board indirectly he doesn't actually need to be on the board.
Presumably, Toner et al agreed to this compromise because they believed it was a meaningful improvement compared to a board composed solely of Sam and friends.
The "fat lady hasn't sung" point works both ways -- for all we know, the new board's investigation into this incident will be incredibly damning for Sam.
That's true, it may well be that. Or it may be a whitewash because he has them by the short and curlies now that it is known what throwing him out will do.