Although a negative outcome (for the fund) wouldn't cripple this research, it certainly would slow it down. If things break well, the institute maybe able to sell bonds in late 2006 and get some funding.
The bond market wants to be very certain that these bonds will be repaid, which means even a trial victory may not be enough for a bond market. It may have to go through appeals and be affirmed on appeals before the bonds can actually be sold.