Well the 590K itself is a barrier isn't it? There's no way the two parties trust enough to do the transaction directly.. so there must be some 3rd party involved. So why can we not get clarity about this?
There are two key points here.
The 300K - has it been paid?
Have SISU put the money in the ESCROW?
I don't believe that if this 'agreement' was put in place after Otium being issued the GS that ACL aren't all over every fine detail of it. They must know if either of these have occurred.
It seems to me that either ACL are being economical with information or both SISU and McGinnity/Robinson are lying.
The 300k is nothing to do with the agreement - otherwise the FL would have told us by now and strangely enough it wasn't mentioned by SISU until the deadline was passed ( or maybe just before - I can't remember ).
SISU claim to have put the money in escrow - the FL would have had to say something if that were not true.
ACL certainly believe that the FL has made a simple agreement which is why they are pushing for it to be fulfilled.
IMO the FL thought they had made a simple agreement and didn't even think about SISU's current line - that when ACL gets money under another agreement it should be deducted from SISU's bill. I would never have come on that one either.