Your first option (contingency) seems more feasible. Cisco could withhold X+ amount, in contingency, to cover the anticipated settlement with SFOR, releasing any excess funds if the settlement turns out to be less than the amount withheld! There probably will be excess monies, as I'm sure that Cisco will withhold an amount to be much more than any anticipated settlement, which might be/hopefully so, at the treble damage level. But I'm hoping that the SA appeal resolution forthcoming will then allow Duo a quick settlement, and a nice clean acquisition for Cisco! Obviously the quicker it happens, it becomes much more favorable to SFOR, quickly putting needed monies into our coffers, and building our market cap valuation! As ZPaul has been telling us; "Its going to be a great fall season!"