- Elon Musk is planning to proceed with his initial $44 billion offer.
- This marks the conclusion of a legal dispute.
- He first committed to purchase in April.
A securities filing revealed on Tuesday that billionaire Elon Musk is planning to proceed with his initial $44 billion offer to take Twitter Inc. private. This marks the conclusion of a legal dispute that would have required Musk to make payment.
An agreement would conclude months of tumultuous litigation that hurt Twitter’s reputation and fueled Musk’s reputation for erratic behavior while putting the world’s richest person in command of one of the most powerful media platforms.
Musk, the CEO of electric car manufacturer Tesla Inc., will take over a firm he first committed to purchasing in April but quickly changed his mind about.
Before trading was again suspended, Twitter shares increased 12.7 percent to $47.93, while Tesla shares increased by around 2.4 percent. At $52, Twitter ended up nearly 22%.
Twitter versus Musk
The announcement comes just days before Musk and Twitter square battle in Georgetown, Delaware’s Court of Chancery on October 17. The social networking giant planned to ask the court for a ruling ordering Musk to finalize the $44 billion deal.
In a statement on Twitter on Monday, Musk declared his intention to carry out the agreement on its original terms in the event that the Delaware judge delayed the proceedings. According to a source acquainted with the Twitter team, the judge asked the two sides to submit a follow-up report on Tuesday evening during a court hearing.
It was not immediately clear why Musk decided to give up the fight. His removal was going to occur.
Musk’s letter was received by Twitter, and the company planned to complete the transaction at the initial $54.20 price, a representative told Reuters.
After agreeing to pay $44 billion to acquire Twitter in April, Musk claimed within a few weeks that the proportion of bot accounts was significantly greater than Twitter’s estimate of fewer than 5% of users. Bots are automated accounts, and their use may cause overestimations of the number of human users, which is crucial for determining advertising rates and the service’s overall worth.
Musk, one of Twitter’s most well-known users, asserted in July that he might cancel the agreement because Twitter had misled him about the service’s user base and data security.
On September 27, Twitter’s legal team stated that records collected from two data scientists working for Musk revealed their estimates of the percentage of false accounts on the site to be between 5.3 percent and 11 percent.
According to what we can determine, none of these studies even remotely supported what Mr. Musk said to Twitter and the rest of the world in the termination letter, Twitter attorney Bradley Wilson testified in court.
Adam Badawi, a law professor at UC Berkeley, described the initial agreement as “a very seller-friendly agreement that would be very tough to get out of.” Musk acknowledged that “in all likelihood” he would be forced to shut at $54.20 per share.
According to Eric Talley, a professor at Columbia Law School, Musk would be subjected to days of questioning if he were to be deposed over whether he gave
Twitter all the material he was supposed to have given them and when he learned of his own side’s bot count information.
A settlement at the initial price would also make it simple for Musk to secure financing for the deal. Technically, committed backers could have walked away if Musk and Twitter had changed the price.
Since he agreed to purchase Twitter, Musk has already sold shares of Tesla for $15.4 billion. Although he has stated that he has no additional plans to sell any of his Tesla stock, several experts believe he will do so in order to raise money for the Twitter acquisition.
If the parties were to agree to the original conditions, the deal could close in the coming weeks given that Twitter has already gained shareholder approval for the sale to Musk. Twitter announced in June that the waiting time for antitrust clearance had ended, allowing the transaction to move forward.
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