I find myself mostly exceedingly interested at this stage in 38 Studios financials, the confidential financial status and projections mentioned in both the short press conference included (in part) in the video and in the official statement. I have yet to really dig into the terms of the loan/guarantee, but if they were making monthly payments up until May 1, and this story broke yesterday or Monday, that's half the month gone that Rhode Island hadn't been paid back. One would assume Rhode Island inquired immediately after May 1 came and went without a payment, if, in the worst case, 38 hadn't notified them in advance that they wouldn't be able to make it.
Which leads me to my second question -- presumably 38 knew somewhere shortly after their April 1 payment that they would not have enough liquid cash or float (if float is even applicable to repay the loan) to pay the May 1 payment, so when did they share this information with Rhode Island? And that's presuming (on my part) that 38 knew shortly after April 1 at the worst -- that is, that's the latest I'd expect 38 to know, usually companies have their financials current for at least the next quarter ending, especially with long-term ongoing repayments. Depending on their fiscal calendar, and how they were accounting for revenue from KoA:R, they should have known much earlier than that.
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