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Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal - Phones - Nairaland

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Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by fergie001: 8:52pm On Oct 04, 2022
Elon Musk is abandoning his legal battle to back out of buying Twitter by offering to go through with his original $44 billion bid for the social media platform.

The mercurial Tesla CEO made the offer in a letter to Twitter, which the company disclosed in a filing Tuesday with the U.S. Securities and Exchange Commission.

The offer comes just two weeks before Twitter’s lawsuit seeking to force Musk to go through with the deal goes to trial in Delaware Chancery Court.

In a statement, Twitter said it intends to close the transaction at $54.20 per share after receiving the letter from Musk.

Musk’s proposal is the latest twist in a high-profile saga involving the world’s richest man and one of the most influential social media platforms. Much of the drama has played out on Twitter itself, with Musk — who has more than 100 million followers — lamenting that the company was failing to live up to its potential as a platform for free speech.

A letter from Musk’s lawyer dated Monday and disclosed by Twitter in a securities filing said Musk would close the merger signed in April provided that the Delaware Chancery Court “enter an immediate stay” of Twitter’s lawsuit against him and adjourn the trial scheduled to begin in two weeks.

By completing the deal, Musk essentially gave Twitter what it was seeking from the court — “specific performance” of the contract with Musk, meaning he would have to go through with the purchase at the original price. The contract Musk signed also has a $1 billion breakup fee.

Eric Talley, a law professor at Columbia University, said he’s not surprised by Musk’s turnaround, especially ahead of a scheduled deposition of Musk by Twitter attorneys starting Thursday that was “not going to be pleasant.”

“On the legal merits, his case didn’t look that strong,” Talley said. “It kind of seemed like a pretty simple buyer’s remorse case.”

If Musk were to lose the trial, the judge could not only force him to close the deal but also impose interest payments that would have increased its cost, Talley said.

What did surprise Talley is that Musk doesn’t appear to be trying to renegotiate the deal. Even a modest price reduction might have given Musk a “moral victory” and the ability to say he got something out of the protracted dispute, Talley said.

News of the renewed offer caused trading of Twitter stock to be halted for much of Tuesday afternoon on the New York Stock Exchange for “news pending” after it jumped nearly 13% to $47.93. That’s still well below Musk’s original offer. Trading halts are how stock exchanges give investors a forced timeout when trading for a stock gets too chaotic, or when a company is about to offer market-moving news.

Neither Twitter nor attorneys for Musk responded to requests for comment Tuesday afternoon.

Musk has been trying to back out of the deal for several months after signing on to buy the San Francisco company in April. Shareholders have already approved the sale, and legal experts say Musk faced a huge challenge to defend against Twitter’s lawsuit, which was filed in July.

Musk claimed that Twitter under-counted the number of fake accounts on its platform, and Twitter sued when Musk announced the deal was off.

Musk’s argument largely rested on the allegation that Twitter misrepresented how it measures the magnitude of “spam bot” accounts that are useless to advertisers. Most legal experts believe he faced an uphill battle to convince Chancellor Kathaleen St. Jude McCormick, the court’s head judge, that something changed since the April merger agreement that justifies terminating the deal.

Legal experts said Musk may have anticipated that he would lose. Things haven’t been going well for him in court recently, with the judge ruling more frequently in Twitter’s favor on evidentiary matters, said Ann Lipton, an associate law professor at Tulane University. The judge’s denied several of Musk’s discovery requests, Lipton said.

It’s also possible that Musk’s co-investors in the deal were starting to get nervous about how the case was proceeding, she said.

Musk’s main argument for terminating the deal – that Twitter was misrepresenting how it measured its “spam bot” problem – also didn’t appear to be going well as Twitter had been working to pick apart Musk’s attempts to get third-party data scientists to bolster his concerns.

Twitter now has options in the case and doesn’t necessarily have to accept a new offer from Musk, said Robert Anderson, a law professor at Pepperdine University.

“Twitter could still be concerned that the same thing might happen again without some additional security,” Anderson said. “They’re going to want some assurance that the deal is going to happen right away.”

Columbia’s Talley said he would insist on Musk putting money into an escrow account until the deal is completed. Such an account could hold cash and/or Twitter shares, as a good-faith demonstration by Musk, Talley suggested.

Mysteriously, neither Musk nor Twitter CEO Parag Agrawal have written anything about the deal on Twitter, where many developments in the dispute have been aired. Many of Musk’s tweets in the past 24 hours have been about a divisive proposal to end Russia’s invasion of Ukraine, drawing the ire of Ukrainian President Volodymyr Zelenskyy.

Musk argued in a tweet Monday that to reach peace Russia should be allowed to keep the Crimea Peninsula that it seized in 2014. He also said Ukraine should adopt a neutral status, dropping a bid to join NATO following Russia’s partial mobilization of reservists.

If the deal does go through, Musk may be stuck with a company he damaged with repeated statements denoucing fake accounts, Susannah Streeter, senior markets analyst for Hargreaves Lansdown in the United Kingdom, wrote in an investor note. “This is an important metric considered to be key for future revenue streams via paid advertising or for subscriptions on the site, and his relentless scrutiny of Twitter’s figures over the last few months is likely to prompt questions from potential advertising partners,” she wrote.

If Musk were to lose, among the remedies that would favor Twitter is a court order to go through with the deal. The Chancery Court last year forced private equity firm Kohlberg & Co. to go through with its $550 million buyout of DecoPac, a company based in Minnesota that calls itself the world’s largest supplier of cake decorating supplies to professional decorators and bakeries. The case was emblematic of the court’s common — though not uniform — resolution of enforcing contractual obligations on buyers.

Other options include Musk being forced to pay the breakup fee each side agreed to if deemed responsible for the deal falling through. Or he might have to pay off a larger amount without actually buying the company for $44 billion.


|SOURCE|


Previous Threads:

https://www.nairaland.com/7218422/elon-musk-terminates-44-billion#114552140

https://www.nairaland.com/7224038/elon-musk-replies-twitter-lawsuit#114656920

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4 Likes 1 Share

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by OfficialP: 8:54pm On Oct 04, 2022
Not a good idea
Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by budaatum: 8:56pm On Oct 04, 2022
He opened his big mouth and now has to pay. Unfortunately I feel he'd mess twitter up, but we shall see.

7 Likes

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by Gandah(m): 8:59pm On Oct 04, 2022
grin

3 Likes 3 Shares

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by symbuul: 8:59pm On Oct 04, 2022

1 Like

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by Tboy222: 9:00pm On Oct 04, 2022
He should sha buy it and allow us the luxury of editing or modifying sent messages just like on Nairaland.

3 Likes

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by graciously03(f): 9:00pm On Oct 04, 2022
2
Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by seanwilliam(m): 9:00pm On Oct 04, 2022
Hmm
Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by IamPlato(m): 9:01pm On Oct 04, 2022
this man. There is something about this man's wealth that is just amazing.


But on the other hand, so an amebo site for gossip and talking rubbish is up for sale at 44billion dollars.

May God punish all the teachers that flight flogged is for talking and gossiping in class.

17 Likes

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by PedroEastman: 9:01pm On Oct 04, 2022
He has the money, meanwhile

27 Likes

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by Brendaniel: 9:01pm On Oct 04, 2022
Elon Musk...
Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by BESTScientist1: 9:01pm On Oct 04, 2022
Ellon my guy. I'm more concerned about educated people supporting the evil and worn out BAT only because they're stupidly from his region like sey the poverty and agbado that will befall them will be sectionalized. One of my parents is Yoruba but I can't because of that leave the good and support evil. Ko jor men!!!!....Olorun a kuku bawa la awon afoju loju

23 Likes

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by puyol005(m): 9:01pm On Oct 04, 2022
After letting him in on their secrets, the deal must be finalized. grin

3 Likes

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by SouthSouth1914: 9:02pm On Oct 04, 2022
To all of you out there!

When you talk, be able to back it up financially!!

1 Like

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by Cmanforall: 9:02pm On Oct 04, 2022
Ok

Maybe he'll introduce new ideas
Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by zoedew: 9:02pm On Oct 04, 2022
Better
Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by graciously03(f): 9:02pm On Oct 04, 2022
Na Wa o
Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by MrrGary: 9:02pm On Oct 04, 2022
This one wan just use Twitter dey catch steady cruise

grin

3 Likes

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by Nobody: 9:02pm On Oct 04, 2022
Hh
Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by Connected1: 9:02pm On Oct 04, 2022
For Integrity sake.

He just has to buy it even if there's a 50% increase.

He's being tagged a talkative, so he has to do something to retain his reputation.

3 Likes

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by Pohitoot: 9:03pm On Oct 04, 2022
Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by NwaNimo1(m): 9:03pm On Oct 04, 2022

1 Like

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by akinmusi(m): 9:03pm On Oct 04, 2022
Smartie

1 Like

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by GeneralPula: 9:04pm On Oct 04, 2022
Okay
Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by CalabarPikin: 9:04pm On Oct 04, 2022
Okay


Meanwhile

1 Like 1 Share

Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by chubinwa(m): 9:05pm On Oct 04, 2022
It is a good move by Elon musk. At least, it will help to end Boko Haram in Nigeria and destabilize tinubu life time ambition of becoming the president of Nigeria
Re: Elon Musk Offers To End Legal Fight, Goes Ahead With Twitter $44b Deal by Sirchiboy: 9:05pm On Oct 04, 2022

2 Likes

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