They can raise a substantive operating-readiness question if the business depends on those rights. A funded purchase is not enough when the proposed enterprise cannot credibly deliver its services. Assess the disputed license, available alternatives and investor’s actual plan before relying on the advertised business value. Look at the contracts that generate revenue. Customer agreements, service commitments and any supply arrangements dependent on the disputed system show what the enterprise has actually promised, and therefore what an interruption would cost it. Those obligations are usually listed in the material contracts schedule.
Test what happens if access ends
Ask the seller to identify which customer commitments depend on the software and how operations would continue if access were interrupted. A replacement system may change startup costs, staffing and launch assumptions. Those changes belong in the investment and non-marginality assessment.
No fixed investment amount or job count cures an unresolved inability to operate. Two records make the exposure concrete: the customer contract list with its termination and service-level terms, and the enterprise's insurance certificates, which show whether any operating risk is transferred and on what conditions. Where those contracts commit the business to service levels it cannot meet without the disputed software, the ability to operate becomes a live question rather than a valuation footnote.
Keep in view that E-2 requires a real and operating enterprise that is not marginal, and that the investor must develop and direct it.