In civil court - the financiers can only argue damages by NOT being able to cover their short positions - how is that a damage of the original loan agreement?
What short positions? The toxic funders loan the company money. In return, they get convertible notes. When the holding period has expired, they convert those notes into free trading stock and sell that stock.
One of the conditions of their financing agreements is that the company remain current with its filing obligations. HJOE has failed to do that, and so has breached the contracts.