1. if they can't find a register to load the cookie into, they'll silently skip instrumentation (i'm not sure how that would happen in practice but the silent treatment when omitting a security feature is a non-starter).
2. if they can find such a register then it'll be spilled to the stack and restored in the epilogue, so a normal buffer overflow can control both the xor'd retaddr and the retaddr itself and the only thing standing in the way of exploitation is the secret cookie value - not unlike with Stackguard/SSP.
3. one would think that a per-function cookie is an improvement but... they're shared among threads (in userland) or everything (in the kernel) so infoleaks are just as catastrophic as before (it'd certainly help if someone described a proper threat model for this defense). at least the kernel side should use a per-syscall cookie to make it somewhat resemble an actual defense mechanism (and there's some more described in my presentation).
4. the int3 stuffing before retn must be someone's joke 'cos it sure as hell won't prevent abusing the retn as a gadget. it does introduce a mispredicted branch for every single function return however.