Well, as a matter of fact it is obvious. You calculate the traded volume for a period of 12 months and then you will have to come to the conclusion that there was or must have been a Change in the O/S.
And based on my knowledge such cases - litigation cases - are financed through convertible notes again for very obvious reasons. And then everybody knows, that lawyers are not working for free, that you cannot acquire a Company for free and so on, financing must have taken place.
KB does not like debts this is clear so the road open is to get the refinancing the way I described. In the USA and UK there are plenty of litigation funds and all is done that way so DECN would certainly not be an isolated case.