Have you actually read the latest SEC filing? “Waiving due diligence” does not waive breach of contract. Opening paragraphed snipped below. Maybe it’s a lie, or maybe there is more to the story.
>>As further described below, Mr. Musk is terminating the Merger Agreement because Twitter is in material breach of multiple provisions of that Agreement, appears to have made false and misleading representations upon which Mr. Musk relied when entering into the Merger Agreement, and is likely to suffer a Company Material Adverse Effect (as that term is defined in the Merger Agreement).
Again, from the latest filing, these are pretty damning:
>> In addition, during the June 30, 2022 call, Twitter’s representatives indicated for the first time that the workflow and processes for detecting spam and false accounts in the mDAU population is different and separate from the workflow and processes for identifying and suspending accounts in violation of Twitter’s policies. On that call, Twitter indicated that it would not be willing to provide information regarding the methodologies employed to identify and suspend such accounts.
Furthermore:
>> Despite public speculation on this point, Mr. Musk did not waive his right to review Twitter’s data and information simply because he chose not to seek this data and information before entering into the Merger Agreement. In fact, he negotiated access and information rights within the Merger Agreement precisely so that he could review data and information that is important to Twitter’s business before financing and completing the transaction.
Unfortunately, the time to do that was BEFORE he signed the contract. He didn't have to sign the contract without due diligence.
> Or maybe he has a lot more info than any of us internet loons at the moment?
Let me know how that turns out. Maybe the horse will sing. http://www-personal.umich.edu/~jlawler/aue/sig.html
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