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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 8:59 pm to
Posted by cwill
Member since Jan 2005
54753 posts
Posted on 6/21/22 at 8:59 pm to
quote:

Nah, but we are clear you've not bought a business. To be clear, I have.


Lolololol. I’m sure I’ve worked on more asset acquisitions and merger agreements for amounts in a single transaction greater than the aggregate of all deals you’ve worked.

You didn’t know what the contract provided so you just pivoted to “fraud” with no basis. You’re trying to argue that substantively there is fraud and I’m arguing the contact and facts available.

For you this is political, for me it’s straight fwd contractual, legal analysis. Perhaps we’re speaking past each other.
This post was edited on 6/21/22 at 9:00 pm
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124527 posts
Posted on 6/22/22 at 5:50 am to
quote:

You didn’t know what the contract provided so you just pivoted to “fraud” with no basis.
Yikes!

My comments were/are made based upon Musk's (aka Musk and a team of high-end lawyers') matter-of-fact insistence that the bot issue must be resolved prior to closure.

His bot assertion is backed by fraud provisions in the law, and as delineated in the contract Decatur linked. Those are the provisions we are discussing.

Assuming TWTR defrauded the public, its advertisers, and its buyer(s), and that such fraud is identified, your impression the buyer has no preclosure remedy other than the out-clause penalty is bizarre.
quote:

You’re trying to argue that substantively there is fraud
Negative.
You've either not read my posts, or don't understand what you've read.

Nowhere am I arguing substantively, or otherwise, that there is fraud. However, it appears to be a probability. In the instance of a publicly held company, material fraud constitutes criminal conduct. If that is shown to be the case (as current Twitter traffic seems to indicate), the deal as it stands should be a nogo.
quote:

For you this is political
Odd premise.
The political side of me hopes the deal closes. The political side of me hopes the dishonest marxist bitches behind the scenes are shown the door, and free speech returns to the platform. So I actually hope TWTR was not fraudulently misrepresenting its traffic/user/account numbers to advertisers, the public and Musk.

This post was edited on 6/22/22 at 6:29 am
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