These kinds of statements are written in by lawyers...so that future lawsuits are avoided.  You could have exactly the same thing for the last several months.  If anything, with just days left for an announcement, the possibility of default is practically zero.  

What is worth noting is that the Third Eye people want the loan repaid before top line is announced.  Clearly, they are not interested in hanging around for top line results risk.  So RVX has to come up with the cash very soon.