The alternative to specific performance would be a massive breakup fee/damages award in favor of Twitter. |
Discovery would be horrible for Musk. He HAD to buy. |
Is it more valuable to keep Twitter going or to shut it down? |
Let’s be realistic. What’s going on in these discussions is people are upset that Musk might actually own the company and Twitter will lose its value to Democrats in regards to controlling the narrative. And that when he owns it, he will discover the truth of what’s gone on, resulting in mass firing. |
Then how do you explain Musk freaking out and trying to get out of the deal only to capitulate and say he will buy it when faced with the prospect of a trial? |
I mostly use Twitter as a news feed, getting up-to-date information on what's going on in the world, ie: the Ukraine war. It will quickly lose its value as that if there's no moderation and trolls are allowed free reign to harass and post BS. No one with a brain will stick around for that. |
How would shutting it down create value? |
Yes, Twitter sued Musk and asked the court to order him to buy the company because Twitter is upset that Musk might actually own Twitter. Makes perfect sense. |
He’s gonna be indebted to Russians and Saudis. The lenders of last resort. |
His 'freak out' was because he wanted Twitter to 'prove their worth' without bots and they would not |
Again, he signed a contract that waived due diligence. And they still were giving him tons of information. |
And now he’s asking to buy Twitter on the original terms without having gotten that proof. |
Musk is not a serious person. |
The lack of financing is his “get out of jail free” card. Closing the deal is subject to the availability of financing. There can be no specific performance of the acquisition without financing. So he can walk from the deal, and any liability, notwithstanding his purported termination of the agreement at least three separate times. |