I wonder if they couldn't sell to a more "friendly" to China country somewhere in Europe and then backdoor info out of there? Away from NSA/SS/FBI scanning and FISA courts. That would seem to be the best of all worlds for ByteDance if they could make it hard to audit the potential company and if the court challenge fails to have the whole thing dismissed as unconstitutional.
It only counts if "the President determines, through an interagency process, would result in the relevant foreign adversary controlled application no longer being controlled by a foreign adversary" [1].
So presumably if a pair of Hungarian millionaires show up and place a bid, there would be additional questions.
[1] https://www.congress.gov/bill/118th-congress/house-bill/7521... 2(g)(6)*