That is the key point. If the commercial agreement had been executed but there still is no chip or some other issue has resulted in non commercialisation yet , this whole thing would be very cut and dry. But Realtek has received the money, so they need to provide something for it or return it. I am not a lawyer, but funds transferred under an unexecuted agreement creates a liability.
Ann: Appointment of Voluntary Administrators, page-46
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