Wall Street always pays Divies to warrants and prefferred's before common stock
Usually a warrant holder is not entitled to cash dividends.. The issuer would have to specifically set up the terms as such... in this case equating to an extra payout to Swartz prior to him then liquidating his holdings..
btw.. many were against the divys (and all were against them to warrantholders.. questioning their legality) knowing full well the patents would eventually be disected & their validation put to the test, and the cost it would entail.. of which I'm quite sure was vastly underestimated.. but it is tough to see the forest thru the trees when someone's handing you cash... doesn't make it right.