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

Posted on 6/26/22 at 9:12 am to
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135671 posts
Posted on 6/26/22 at 9:12 am to
quote:

What is business due diligence?
Hello?

Decatur ??
Online


cwill ??
Online

Should we wait for billion$$billjamin, the TSLA dealmaker to weigh in??
Posted by Decatur
Member since Mar 2007
31760 posts
Posted on 6/26/22 at 9:20 am to
Since it isn't specifically defined in the merger agreement I assume its ordinary meaning and that it would include requesting customer information.
Posted by Decatur
Member since Mar 2007
31760 posts
Posted on 6/26/22 at 9:22 am to
quote:

Hello?


Someone's been drinking a little too much coffee this morning.
Posted by Bulldogblitz
In my house
Member since Dec 2018
28158 posts
Posted on 6/26/22 at 9:29 am to
quote:

Twitter and its attorneys aren't dumb..


That's why there was a noticeable overnight change right after Elon offered.

Oh, wait....
Posted by cwill
Member since Jan 2005
54755 posts
Posted on 6/26/22 at 9:33 am to
How many times must it be pointed out that musk is using his leverage outside of the contract to get Twitter to provide info it isn’t obligated to provide under the contract.

If the offer and related disclosures say no due diligence and the contract contains no due diligence provisions, the buyer has waived due diligence.

But you and the clown show attorney keep it up.

Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135671 posts
Posted on 6/26/22 at 9:42 am to
quote:

Since it isn't specifically defined in the merger agreement
Whoops!
quote:

I assume
Right. But you and I both know what that means.
Posted by davyjones
NELA
Member since Feb 2019
35108 posts
Posted on 6/26/22 at 9:45 am to
quote:

It's going to be interesting to see if he can prove that the fake/spam accounts are more that the 5% that he's been told.

I’d put my money on that. Otherwise the media would be trashing him daily, knowing he’s up shite creek. They’d frame it as “fooled the world, is actually a poor businessman”. But they aren’t because they can’t.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135671 posts
Posted on 6/26/22 at 10:00 am to
quote:

Twitter to provide info it isn’t obligated to provide under the contract.
Has the Twitter legal team made that claim? When they forwarded the API info, did they stipulate reserved rights to move forward even if team Musk was still analysing the data? If they did, good for them. Strange that would not have surfaced though. If they didn't, it's telling.

You keep coming back to "deep pockets" in the legal equation. When you're dealing with a $30B company and legal fees, that is a really really odd conjecture.

The monetary-threat TWTR is under is not legal-related. Rather it relates to a scenario where the Elon negotiations drive stock value so low that when Musk walks, TWTR will be yard sale carnage for the next buyer.
Posted by dafif
Member since Jan 2019
7922 posts
Posted on 6/26/22 at 10:04 am to
Decatur is an idiot… pure and simple

You post a filing 4/20

I posted filings and contacts on 4/25

Any idea which one takes precedence???
Posted by dafif
Member since Jan 2019
7922 posts
Posted on 6/26/22 at 10:06 am to
You are an imbecile that admitted to not reading

It’s been pointed out with actual documents but you keep your head up your arse

I bet you love some msnbc and cnn
This post was edited on 6/26/22 at 10:07 am
Posted by cwill
Member since Jan 2005
54755 posts
Posted on 6/26/22 at 10:07 am to
quote:

that admitted to not reading


This is indicative of your legal skills.
Posted by cwill
Member since Jan 2005
54755 posts
Posted on 6/26/22 at 10:10 am to
quote:

Has the Twitter legal team made that claim?


You can read the contract, proxy, prior refusal to provide data, etc and reach that conclusion.
Posted by dafif
Member since Jan 2019
7922 posts
Posted on 6/26/22 at 10:40 am to
I’ve now asked you 3 times to show me in the contract where it is waived
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135671 posts
Posted on 6/26/22 at 11:27 am to
quote:

You can read the contract, proxy, prior refusal to provide data, etc and reach that conclusion.
Negative.
Prior refusal to provide data, with subsequent unstipulated concession would actually support the opposite conclusion.
Hence my post.

In review of negotiations, a court would wisely question rationale for unstipulated offerings if a party later claimed them out of contractual bounds. Otherwise, the offering implies contractual stipulation.

In fact, if the TWTR team even suspected it might have an argument in that regard, prudence would have them issuing loud statements delineating the provision as well beyond any stipulated requirement. Perhaps such a claim was made, and I simply missed it.

Regardless, TWTR has now ceded to Musk the control of an analysis which he and his team could string out for any number of reasons.

You feel TWTR will eventually go to special performance to push timely closure. Ceding RT API analysis to Musk does them no favor in that regard.
This post was edited on 6/26/22 at 11:36 am
Posted by cwill
Member since Jan 2005
54755 posts
Posted on 6/26/22 at 12:47 pm to
quote:

You feel TWTR will eventually go to special performance to push timely closure. Ceding RT API analysis to Musk does them no favor in that regard.


I didn’t say that. It’s an option, but the most likely outcome is a negotiated settlement. Twitter can’t afford the damage of a protracted court proceeding.

The rest of your post is nonsensical and doesn’t live up with any of the actual docs. But you bought a business that one time so you feel you’re an expert.
Posted by SmackoverHawg
Member since Oct 2011
30956 posts
Posted on 6/26/22 at 1:00 pm to
What's to stop him from paying the $1billion penalty and becoming majority shareholder after it collapses. Twitter has been exposed. Without Musk, they're dead in the water.
Posted by cwill
Member since Jan 2005
54755 posts
Posted on 6/26/22 at 1:15 pm to
quote:

What's to stop him from paying the $1billion penalty and becoming majority shareholder after it collapses. Twitter has been exposed. Without Musk, they're dead in the water.


That’s a version of the leverage calculus that’s being played out. Twitter seems to be collapsing along with all tech and now the uncertainty surrounding this deal.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135671 posts
Posted on 6/26/22 at 1:33 pm to
quote:

you bought a business that one time so you feel you’re an expert.

Oh no, no.
You're the expert.
You've made that clear everywhere but in content.
That's the fun thing about the interwebs though. It's hard to quite know who you're interfacing with, or their actual background.

Heck, we even have a fellow in this thread conducting billion dollar deals with Elon and TSLA.
Now THERE'S an expert!
quote:

nonsensical
Nonsensical ... Kind of like a waiver of "business due diligence", yeah?
Meh, but what do I know. I just bought a business that one time.
Posted by billjamin
Houston
Member since Jun 2019
16722 posts
Posted on 6/26/22 at 1:38 pm to
quote:

Heck, we even have a fellow in this thread conducting billion dollar deals with Elon and TSLA.

You’re still in here embarrassing yourself? And you’re reading comprehension is shite. I said a couple billion dollars in deals. The ones I work on are lower amounts but high volume so it’s usually 100-300M but I’ve done 13 of them specifically with Tesla.

Tell me what you think is going to happen since you’re the expert on this and we can come up with the ban bet. How about that for a deal?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135671 posts
Posted on 6/26/22 at 2:08 pm to
quote:

And you’re reading comprehension is shite.

Let's see ...
quote:

quote:

you feel you’re an expert.

Oh no, no.
Tell me what you think is going to happen since you’re the expert

?"Reading comprehension"?
IDK, perhaps a third "no" would have helped?

quote:

And you’re reading comprehension
... and by the way billionjamin, it's "your"
This post was edited on 6/26/22 at 2:09 pm
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