Well, he filed to pull out.
Elon Musk files to pull out of Twitter deal
It’s unclear what happens next, but Twitter could go to court to force him to finish the deal.
Elon Musk is terminating his $44 billion deal to buy Twitter, according to a filing the billionaire made with the Securities and Exchange Commission Friday.
Musk’s lawyers sent a letter to Twitter saying he is “terminating their merger agreement,” according to the filing.
Musk argues he has a right to drop out of the deal because Twitter hasn’t given him enough information about the company’s business.
But legal experts say Musk can’t just walk away from the deal. His April agreement to buy the company included a commitment to go through with the acquisition unless there’s a major change to the business, and legal experts say nothing has happened to meet that threshold. Musk has previously threatened to scuttle the deal if Twitter doesn’t give him more data to run his own analysis on how many spam bots it has, while Twitter has said it can’t give up personal info on its users like their names, emails and IP addresses, which it uses to come up with its own bot numbers.
Musk and Twitter did not immediately respond to requests for comment.
It’s unclear what will happen next, though experts have said a big legal battle would be likely if Musk tried to walk away. In a June statement, the company said: “We intend to close the transaction and enforce the merger agreement at the agreed price and terms.” Even if Twitter accepts his argument, Musk will likely have to pay a $1 billion breakup fee.
In the letter to Twitter, Musk’s lawyers accused Twitter of having “failed or refused to” hand over information that would help Musk and his team ascertain the true number of bots or spam accounts on the website.
“Sometimes Twitter has ignored Mr. Musk’s requests, sometimes it has rejected them for reasons that appear to be unjustified, and sometimes it has claimed to comply while giving Mr. Musk incomplete or unusable information,” the letter continues.
Musk shook up the social media world in April by agreeing to buy Twitter for $44 billion. He’s assembled a large group of co-investors, and leveraged his personal wealth to get the debt needed to finish the deal. But soon after his takeover announcement, a global sell-off in tech stocks eroded Musk’s own net worth, while making his $54 a share purchase price look like a serious overvaluation of Twitter.
Musk skeptics have said he made up the argument about bots simply to find a reason to get out of what he now saw as a bad deal. Musk himself knew about Twitter’s spam problem, and mentioned it as one of the reasons he wanted to buy the company in the first place.
Wall Street has been skeptical Musk will complete the deal for months. Twitter’s stock price is around $37 today, down nearly 30 percent from the $52 it traded at the day he made his acquisition announcement.
The filing came after The Washington Post reported Thursday that the deal was in serious jeopardy, with one of the co-investors not hearing from Musk’s team for weeks, according to people familiar with the situation who spoke on the condition of anonymity to discuss sensitive matters.