And don't forget, from that very same 8-K, even if INBI does redeem the preferred stock, Vicis can undo the deal and get them back:
In the event Infusion and/or Ronco is not able to pay the additional $4 million payment to the Ronco Creditor by March 31, 2012 and the Ronco Creditor elects to exercise its rights and remedies under the Ronco Debt and foreclose upon the assets of Ronco, (i) Vicis, in its sole discretion, may elect to unwind the redemption of its preferred stock and return the Vicis Notes for cancellation; (ii) without any action required by CD3, the Merger Shares shall be cancelled; and (iii) CD3 shall repay Infusion any amounts advanced to Ronco from the proceeds of the Bridge Financing on the payment schedule set forth in the Merger Agreement.