Appreciate that many MMR holders hold a glass half empty view on MMR's future and that is completely understandable. The level of incompetence of previous boards has few peers in Australian Corporate history. But, looking into the rearview can be dangerous as you might crash headlong into what's coming up in front of you.
MMR needs PEP11, PDF decision, and cash. PEP11 was gone a year ago so getting the result in the Federal Court is a milestone of enormous significance.
In relation to your specific question, the Federal Court documents reveal that "financial capacity" is not a valid test under the Suspension, Variation, and Extension NOPTA evaluation process. To use this as a reason to decline would likely be contested by Advent . There is a precedent for such matters, which IMO would also cover the Force Majeure component, the attached judgement is well worth a read.
(20min delay)