Gord_in_Toronto
Penultimate Amazing
- Joined
- Jul 22, 2006
- Messages
- 26,394
This is at odds with what has been explained on Opening Arguments. The billion dollars is the penalty for breaking the contract, which either side can get out of if they show the other was acting in bad faith. So twitter not providing accurate information during the negotiation phase would be an arguement to get out of paying the billion.
I would not think there is any reasonable way he can negotiate a different price outside of something like breaking the deal and paying the billion and starting over if Twitter is willing. Fighting over the billion seems unlikely to be doable if you are trying to negotiate a new deal.
If you wander over to some of the discussions taking place elsewhere on the Internet, particularly those with "lawyers" posting, you'll see posts like: "Musk waived business due diligence in making his offer, and the Twitter board quite clearly relied on that waiver in accepting it." You'll then see arguments as to whether the waiver actually applies for all sorts of legal reasons. It appears to be pretty much of a "rabbit hole" and, unless the original deal is consummated by both parties in mutual agreement, one or more courts will try to decide.