After today, Elon Musk may want to change his last name to Mush, because his self-hyped proffer to buy Twitter is now on the rocks, and his attempt to extract himself from the deal is likely to cost him a cool fortune and may not happen at all, according to legal experts.
On Friday, attorneys for Musk filed paperwork with the Securities and Exchange Commission to void the $44 billion deal. They also sent a letter to Twitter’s board of directors announcing termination of the deal. Musk and his lawyers maintain that he has every right to pull the plug on acquiring the social media giant because the company hasn’t provided enough information about the company, writing:
“Sometimes Twitter has ignored Mr. Musk’s requests, sometimes it has rejected them for reasons that appear to be unjustified, and sometimes it has claimed to comply while giving Mr. Musk incomplete or unusable information.”
Twitter was in no mood to debate Musk and made it clear they will force him to go through with the deal by taking him to court, with board chairman Bret Taylor noting:
“The Twitter Board is committed to closing the transaction on the price and terms agreed upon with Mr. Musk and plans to pursue legal action to enforce the merger agreement. We are confident we will prevail in the Delaware Court of Chancery.”
Legal experts, the Washington Post reports, agree with Twitter that Musk cannot just void the deal and get off the hook for the $44 billion he pledged to pay:
His April agreement to buy the company included a commitment to go through with the acquisition unless there’s a major change to the business, and legal experts say nothing has happened to meet that threshold. Musk has previously threatened to scuttle the deal if Twitter didn’t give him more data to run his own analysis on how many spam bots it has, while Twitter has said it can’t give up personal information on its users like their names, emails and IP addresses, which it uses to come up with its own bot numbers.
Musk, according to those familiar with corporate law, agreed to buy the company as is, not some version of it after it met certain conditions that were never part of the original agreement.
Some suspect the real reason for Musk’s reluctance to complete the purchase is that he no longer has the capital needed due to significant losses of Tesla shares on the stock market. Those shares were a major portion of the money Musk put down to guarantee he was serious about the acquisition.
In the first six months of 2022, Musk’s wealth has plunged by $62 billion, and further reversals in the Dow Jones and Nasdaq indexes could more than double that amount by the end of the year.
Elon Musk is starting to sound like he’s almost as bad of a businessman as former president Donald Trump. But then again, no one is that incompetent.
