rusty, What Mercatus is probably waiting for is the approval of the authorized share increase so NVEI will have the collateral needed for the loan per the agreement.
Off the top of my head I do not know at what value they have set the price for the collateral shares, but it is probably in a filing somewhere. (I just don't have much time to check that right now).
As far as a possible default on the loan with what we have been told by NVEI about the Technology (that it works) seems unlikely at this point.