3D Realms received two advances for Duke Nukem Forever: $400,000 from former publisher GT Interactive in 1998--a debt Take-Two assumed when it acquired the DNF publishing rights--and $2.5 million from Take-Two Interactive in 2008.

According to Take-Two, that second advance was provided with the stipulation of "7% per annum" interest after September 2009, and an agreement that the sum would "become immediately due" if Duke Nukem Forever was not released by October 22, 2012.

Perhaps most shockingly, Take-Two claims that "upon information and belief, [3D Realms/Apogee Ltd.] has title to a substantial amount of funds deposited in an off-shore account, which Take-Two believes Apogee can use to fund its outstanding obligations."

Take-Two further notes that, in the event of "any future development of the Console Versions of DNF," 3D Realms and Apogee are "required to cooperate"--suggesting that there may still be a chance of Duke Nukem Forever, in some form, hitting store shelves.