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Could it be (& I am asking) that he can invalidate the current contract on the grounds that daily active users aren't what twitter said.

Then could they draft a new contract, complete with a new price and daily active users estimates?

I don't know anything, so I'm asking. If someone out there is a M&A lawyer and can shed light, that would be great.



He could but

1.) Twitter would need to be egregiously wrong. If Musk found that 7% of mDAU were bots, he would likely still be forced to purchase

2.) I feel like the inverse; that Twitter, it’s board, manager and employees were all in on a massive conspiracy to understate the bot problem for almost a decade. The number they presented wasn’t something they just gave musk, it was a number that they have been reporting to the SEC and investors for several years. It would be a massive fraud for Twitter to have committed.

In my opinion the whole thing is a massive distraction so Elon could pull out. The amount of people who only read (but never post) likely dwarfs the number of bots elon suspects there is (if the 90-9-1 rule is anything to go by). The mDAU number is a different, much larger, number than actual tweeters


You can find the thoughts of an M&A Lawyer here: https://www.bloomberg.com/opinion/articles/2022-07-09/elon-s...


The first line is what he is trying to do right now. The answer seems to be "maybe", it's going to court because there's a chance that he can but Twitter also thinks there's a chance he cannot.

The second, maybe. I doubt that Twitter would be interested.

-- not an M&A lawyer




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