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Alicorn comments on Taking the awkwardness out of a Prenup - A Game Theoretic solution - Less Wrong
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Then if it looked like they would have to pay, they could tie up all their money in irrevocable long-term investments.
OK, they could put $10 billion in a trust that they would be required to give up if they didn't manufacture enough iPads.
I think you can see the problem with the policy of tying up an amount of money you can't afford to lose: that you probably need that money to run your normal business, and that the interest on an equivalent loan would probably cost more than the plan was worth to you.