The issue is not about funds being in escrow, but the uncertainty about their ownership.Of course the funds in escrow can be prudently used as security
If the funder agrees that the SPA’s were completed correctly and that the losses sustained to be recovered will cover the amount
I think there is more chance that DLA piper don’t understand basic contract law than it being a coincidence that there was a 6 day turnaround between the suspicious resistance in confirmation of funds and the need for an appropriate security package for the facility being announced but you do you boo
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I doubt any financier would accept as security money whose ownership is in dispute or yet to be established.
Further, AVZ's claims are not dealt with at this stage, and no decision or award tabled.