No, not really at all. Pointing to SEC language with enough hedging to create a privacy fence is something you do when are desperate and trying to create confusion. Properly drafted disclosure (as here) describes current state of things while allowing plenty of leeway to ultimately do whatever he wants.
It's obvious to anyone not trying to twist the language like a contortionist that something has fundamentally changed with the cash position. He essentially put off raising cash for 6 months during the most capital intensive period of the company's lifecycle. Something's up.
I totally agree that 'something's up'.....Very interesting week or so ahead.
Whatever one's opinion on EM and his tweets, he does have a flair for the dramatic