yourkidinright - yes, 'escrow' is the term I was trying to think of (thanks) ... and again, that would have been a strategy of 'good business practices'... but I have never read anything to that effect... IF it was so, it would have been emphasized, IMO...
I think this is an issue / question to bring up to the BOD as a responsible business practice - without the 2.5 mil. being put in escrow until the criteria of the agreement thereof was 3rd party verified, I think, would have been very irresponsible... to agree to anything other than such would have been foolhardy and reckless especially with the history of the events and other parties - even before MSX became involved...