JCG: Assisting in the defense may mean the doors stay open.
NeoMedia has demonstrated they will do whatever is requested by YA. Because of the timing, that may be in the best interests of shareholders. If you close your doors, any disgorged profits will go straight back to creditors.
The catch-22 is YA is first in line.
If YA continues to fund, I predict YA will come up with a clever way to get NeoMedia to pay for the defense. New fees, new series, new something. EDIT: Or was the new reverse split executed as preparation for the suit?
The best case scenario is YA continues to fund with the requirement that NeoMedia do nothing with the lawsuit.