Twitter drags Elon Musk to court, forces him to sign deal
Twitter filed a lawsuit
against Elon Musk in a Delaware court on Tuesday to carry out its threat to compel
him to acquire the company.
The company's board
increased its stance last week after Musk's legal team informed Twitter in a
letter of his plan to back out of the agreement. Bret Taylor, the chairman of
the Twitter board, indicated Twitter's plans to take legal action to uphold the
merger and stated that the firm remained dedicated to complete the acquisition
at the conditions originally agreed to by both parties.
The lawsuit puts
Twitter and Musk in a high-stakes, costly fight where a once-reluctant seller
will attempt to coerce a now-reluctant buyer.
In the complaint,
Twitter is unrelenting in its condemnation of Musk and a summary of the mayhem
he has sowed during the now-month-long saga:
·
Elon Musk pledged to utilize his best
efforts to complete the merger when he signed a legally binding merger
agreement with Twitter in April 2022. Because the agreement he signed no longer
serves his personal interests, Musk is refusing to uphold his duties to Twitter
and its investors less than three months after signing them.
·
Musk appears to believe that, unlike
every other person or entity subject to the Delaware contract law, he
is free to change his mind, disrupt Twitter's operations and walk away
after mounting a public spectacle to put the company on the spot light and
then signing a seller-friendly merger deal, according to TechCrunch.
This rejection comes
after a lengthy number of significant contract violations by Musk that have
soured Twitter's reputation and bottom line. Twitter files this lawsuit to stop
Musk from breaking the law again, to make him comply with his legal
commitments, and to force the merger to go through once the last few requirements
are met.
Twitter calls attention
to the glaring inconsistency between Musk's early promises to purge Twitter of
spam bots and his later feigned dismay that the site still had a spam
issue in the complaint.
Musk issued a stern
warning to "defeat the spam bots" in his press statement confirming
the agreement on April 25, 2022. But when the market fell and the fixed-priced
agreement lost appeal, Musk changed his story and abruptly demanded
"verification" that spam was not a significant issue on Twitter's
platform. He also claimed a pressing need to do "diligence" something
he had specifically sworn off doing.
According to Twitter,
Musk tried to scuttle the purchase using pretexts, such as a query about the
number of spam and fraudulent accounts on the site, when a market dip made it
seem like he was receiving a terrible bargain. However, the lawsuit argues that
he was bound by a contractual obligation at the time.
Musk desired a way out.
However, the merger deal gave him limited check out, according to William
Savitt and other attorneys working on behalf of the social media business.
By failing to ascertain
that the percentage of fake accounts on the site matched Twitter's
long-standing projections, according to Musk's claims last week, Twitter
violated the conditions of the agreement. Musk started making a lot of fuss
about the matter in May, after he had already decided to pay $44 billion to
acquire the real-time social network.
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