I think thesmalls said it best. In the best interest of their fiscal health and moving forward as quickly as possible, if they can avoid costly litigation and leaving it up to a judge/jury, they should get this note voided through settlement, block conversions and move along with both sides of their business.

If they feel like sending a message and going for the jugular; first, anything can and will happen in court and second it delays by many, many months any further movement toward a solid, reported balance sheet.