If EEGC has failed to secure some representation the most likely outcome is that the conference will be adjourned to a later date. SmartWin will then refile a motion for summary judgement which, in the absence of a defense from EEGC, will be granted.
Not that it really matters much, since there's no practical way for Smart Win to collect more than the shares already held in escrow. Malcolm's "guarantee" is worth less than zero.
Once those shares hit the market, look out. It might get ugly. Smart Win isn't going to get much cash from the sales, so they might just be of a mind to drive the price to zero out of spite.
"To argue with a person who has renounced the use of reason is like administering medicine to the dead."
-Thomas Paine