What happens if PDS can't pay the retainer....where will PTSC get additional funds to contribute to PDS?

Could PTSC have pledged stock as partial payment to Agility? If so, would Agility have accepted such unless they were fairly certain that there would be a decisively favorable Markman and settlement or trial? If this is the case, wouldn't PTSC now be focused on doing everything possible to ensure that this stock price rises dramatically in a short period of time? Am I missing something here or is it possible?