That's for sure. That 40 million in commission (x2, 40 for hh and 40 for sp) is what should be scaring everyone. That is most likely going to be the debt they will use for justification of future dilution. I can't imagine a contract between the company and the CEO that would allow for a commission regardless of whether funding is actually found or not, but I guess anything is possible when you are in charge of the company. It seems like that would be a violation of fiduciary responsibility, but I guess anything is possible.
I hope all of my opinions are wrong and I end up eating a LOT of crow.