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re: Twitter board unanimously recommends Musk's takeover bid...Has Elon Bit off too much?

Posted on 6/21/22 at 5:18 pm to
Posted by cwill
Member since Jan 2005
54753 posts
Posted on 6/21/22 at 5:18 pm to
quote:

No buyer is REQUIRED BY LAW to be penalized for signing a purchase agreement when material fraud is identified prior to closing.


How is he going to prove his case?

Are you under the impression you can just say “fraud” and get out of a contract? Supposing he could access data are you aware how high the bar would be to prove fraud, especially considering the way the public disclosure was worded?

Lay out to me how you think musk would get out of the contract along the lines your suggesting.

Also, with regard to R&Ws and when there is no due dil/price adjustment mechanism, a sophisticated buyer asks for information relative to those R&Ws to confirm same before locking in. Musk specifically waived those rights/opportunities!
This post was edited on 6/21/22 at 5:33 pm
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124525 posts
Posted on 6/21/22 at 5:33 pm to
quote:

Lay out to me how you think musk would get out of the contract along the lines your suggesting.
If he demonstrates fraud, the contract goes *POOF*



Aren't you a lawyer?

Posted by dafif
Member since Jan 2019
5677 posts
Posted on 6/21/22 at 6:00 pm to
[quote] Musk specifically waived those rights/opportunities! [/quote

Uhhmmm. No he didn’t
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