Earlier quoted context omitted.
It would think it is legally enforceable, but I suspect Kathy Jennings is the only person who has standing to sue over it.
Elon Musk absolutely has standing, as one of the biggest donors to the nonprofit. I assume he will settle for some ownership in the for-profit, though.
I don't know the laws of Delaware well, but I would be surprised if he has standing even as a donor.