no, you're absolutely incorrect.

if you create 5 US jobs, you get to stay.

if you don't create 5 US jobs, but can generate EITHER $1M in revenue (at break-even or better), OR raise $1M in additional capital from ANY qualifying investor (doesn't have to be the original one), you get to stay.

please read the language carefully -- it does cover the situation adequately.

we did take quite a bit of time to consider the exact language, and worked hard to get it to be functional.