Between the cash on hand $1 million+ and shares of FMS, it isn't an issue. 

I believe FMS has not released the November tranche of 900,000 shares to EVR. Could be wrong but some FMS shareholders seem to believe that is the legal recourse as per the following FMS release.......


Focus Graphite Initiates Legal Recourse


Symbol Price Change
FMS.V 0.70 -0.02

OTTAWA, ONTARIO--(Marketwire - Nov 28, 2012) - Focus Graphite Inc. ("Focus" or the "Company") (TSX VENTURE:FMS)(FCSMF)(FKC.F) announces it is exercising a legal recourse against certain parties with respect to a transaction with the Company for the Labrador Trough group of properties. Focus has taken steps so as to protect its rights and claim damages, and initiated required action pursuant to applicable contracts, regarding such matters.

Focus endeavours to keep its shareholders informed of any developments regarding this matter on a timely basis.