I appreciate everyone's input and did not pose the question with any judgement in mind.
However it is interesting that no one discussed the erosion of the initial lender's collateral position other than in reference to a suit.
I have not looked a many documents at all but think there is probably an acceleration clause that might be useful defaulting the merchant and taking 100% of the funds flow available. Nothing will hurt the multiposition (I think I just made this up) players like getting zero cash from an investment.
PS_ Chambo your still number one in my book.