LOL. No settlement means the two parties could not agree on terms. I doubt either one said "We refuse to discuss settlement".
As to JBI not being able to stay in business if it had agreed to the SEC's terms, I think that's a pretty good theory. This, and the PIPE, buys a little more time. Not a full year though, IMHO.
You are correct, no settlement does mean the two couldn't agree on terms, after reviewing the suit by the SEC it is most likely because they want JB out not because of the funds completely.
And again I doubt the fines and possible disgorgement are going to be enough to put them out of business. Besides I doubt they will need a full year, can deny the progress that has been made.