As long as the a/s remains stable, it's totally irrelevant. If JR is a fair man and has no intention of cheating investors, he can easily use KMAG profits to pay himself back, the $328K.
However, since the $328K debt was owed to him in the first place, that's not altogether highly likely.
Methinks it was another pickle he was in. He had absolutely no choice but to provide a 'poison pill' after issuing the 434M, which would have had voting majority otherwise. IMO, his 625M preferreds is a non issue that was imperative only to maintain the integrity of the company.
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