But Honda was a signatory to the Concorde Agreement that was in force this year when they left in 2008, so they were in the same "breach" condition as Toyota is. And yet when Brawn GP was formed in the aftermath, it was automatically granted a spot on the 2009 grid, effectively taking over Honda's spot.
And the issue with BMW and Qadbak is because BMW didn't sign the 2012 extension, they are not automatically granted a slot. If they had, there would be no argument and the FIA would have only accepted three new teams, as opposed to four.
So if Howett or some other group acquires the assets of the Toyota team, they should automatically be accepted as a team for the 2010-2012 seasons.