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re: Twitter is pursuing legal action to enforce Elon’s merger agreement. LOL

Posted on 7/8/22 at 8:18 pm to
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124189 posts
Posted on 7/8/22 at 8:18 pm to
quote:

Sounds like good grounds to claim he relied on inaccurate data from the company
... in the case of SEC filings, that would be criminally inaccurate data.
Posted by jrodLSUke
Premium
Member since Jan 2011
22264 posts
Posted on 7/8/22 at 8:19 pm to
Discovery should be fun
Posted by BBONDS25
Member since Mar 2008
48672 posts
Posted on 7/8/22 at 8:24 pm to
quote:

We all know the stipulation, 1 billion dollars. Twitter is giving up a free, 1 billion dollars(3.5% of their entire market cap) to sue him.


Delaware law vitiates contracts that were entered into based upon material misinformation during negotiations. Musk May pay 1 billion….his net worth fluctuates more than that daily, but he certainly has an argument even that won’t be owed.
Posted by ksayetiger
Centenary Gents
Member since Jul 2007
68382 posts
Posted on 7/8/22 at 8:31 pm to
Twitter is going to sue an african-american?

Damn. Twitter should be canceled. Racist pieces of shite
Posted by cwill
Member since Jan 2005
54753 posts
Posted on 7/8/22 at 8:55 pm to
quote:

The discovery should be delightful!


Said almost as often as tick tock and to the same effect.
Posted by cwill
Member since Jan 2005
54753 posts
Posted on 7/8/22 at 8:56 pm to
quote:

Know how I know you don’t know what the frick you’re talking about?


How do you know, specifically?
Posted by jnethe1
Pearland
Member since Dec 2012
16143 posts
Posted on 7/8/22 at 9:01 pm to
Dude, if they sue then they are toast. Discovery will destroy them.
Posted by supatigah
CEO of the Keith Hernandez Fan Club
Member since Mar 2004
87521 posts
Posted on 7/8/22 at 9:02 pm to
simple if they can validate the info they provided they have a case, if they cant he walks away

but you already know this
Posted by cwill
Member since Jan 2005
54753 posts
Posted on 7/8/22 at 9:04 pm to
They don’t have to validate that info. He signed a no exit, no due dil deal.
Posted by supatigah
CEO of the Keith Hernandez Fan Club
Member since Mar 2004
87521 posts
Posted on 7/8/22 at 9:08 pm to
right

the paperwork had a big AS IS stamp on it

I am certain the Musk has the best legal minds on his twitter strategy, he will be fine
Posted by DMAN1968
Member since Apr 2019
10151 posts
Posted on 7/8/22 at 9:17 pm to
quote:

Know how I know you don’t know what the frick you’re talking about?


How do you know, specifically?

Your name accompanies the post. That's all it takes.
Posted by BayouBlitz
Member since Aug 2007
15852 posts
Posted on 7/8/22 at 9:24 pm to
As is their right. Tesla stock tanking has put Elon in a tough spot.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
60590 posts
Posted on 7/8/22 at 9:54 pm to
Fraud vitiates everything, eh?
Posted by cwill
Member since Jan 2005
54753 posts
Posted on 7/8/22 at 10:23 pm to
He waived business due diligence…it’s in the proxy, which he signed off, and the agreement has no due diligence provisions. It’s why this is going to court.
Posted by BBONDS25
Member since Mar 2008
48672 posts
Posted on 7/8/22 at 10:31 pm to
quote:

He waived business due diligence…it’s in the proxy, which he signed off, and the agreement has no due diligence provisions. It’s why this is going to court.


You called it. It’s going to come down to whether they made material misrepresentations during negotiations. If they did. No billion dollars. The only way to prove that is to get the info they have been withholding.
Posted by BBONDS25
Member since Mar 2008
48672 posts
Posted on 7/8/22 at 10:32 pm to
quote:

Fraud vitiates everything, eh?


Most of the time yes. Specifically, in Delaware, material misrepresentation in negotiation is considered fraud sufficient to vitiate the contract.
Posted by OU Guy
Member since Feb 2022
8689 posts
Posted on 7/8/22 at 10:33 pm to
1. If they take him to court they will lose on discovery as they would then be sued for so many bots and false data to adverisers. Would expose them to tons of liability (and likely show some leftists in Gov positions fund or dictate some twitter conservative bans).

2. If they don’t take him to court then it solidifies their crooked bots theory as any clean company would sue. Stock goes down, and they still might get sued by shareholders.

My guess is they negotiate a much reduced valuation and then he buys it. For Twitter to survive long term they have to make this deal happen. Else adverisers will possibly lose trust or even sue them.

If it does not go thru then other platforms will shoot up. Imagine if Elon put $44b in Gab. It would pass Twit in no time.
Posted by Gifman
by the mountains
Member since Jan 2021
9535 posts
Posted on 7/8/22 at 10:34 pm to
quote:

They don’t have to validate that info. He signed a no exit, no due dil deal.


Dude you don’t know shite about m&a and stop acting like you do. You get embarrassed in every thread you show up in and then run away.
Posted by Gulffisherman
Bogalusa
Member since Oct 2009
3531 posts
Posted on 7/8/22 at 10:40 pm to
Time ro buy shorts on twitter
Posted by cwill
Member since Jan 2005
54753 posts
Posted on 7/8/22 at 10:41 pm to
quote:

1. If they take him to court they will lose on discovery as they would then be sued for so many bots and false data to adverisers. Would expose them to tons of liability (and likely show some leftists in Gov positions fund or dictate some twitter conservative bans).

2. If they don’t take him to court then it solidifies their crooked bots theory as any clean company would sue. Stock goes down, and they still might get sued by shareholders.


The typical “wait for discovery bro!” type post.
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