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Musk adds new reason for ending Twitter acquisition, complaints from former Twitter executives become key
On August 30, an adviser to Tesla CEO Elon Musk sent another letter of termination to Twitter, notifying the termination of the acquisition agreement.
Musk had previously sent a termination letter to Twitter on July 8, but it was found to be invalid. Musk’s side said the letter sent this time highlighted additional reasons for terminating the merger agreement, and a whistleblower letter from former Twitter security chief Peiter Zatko became Musk’s new weapon in the legal battle between the two sides.
Earlier in July, Peiter Zatko filed a complaint with the Securities and Exchange Commission (SEC), the Federal Trade Commission (FTC) and the Department of Justice. In his complaint, he pointed out three major problems with Twitter - outdated systems and software that cannot withstand attacks from external hackers; employees with confusing permissions and being able to access user data at will; loopholes in the detection process for the number of fake accounts. Zatko also accused Twitter of failing to protect sensitive user data and lying about its security.
Zatko's complaint mirrors some of Musk's allegations or questions about Twitter's user base, and as a result, Musk said in the filing that Twitter engaged in omission of information or misleading information in the acquisition that entitles participating investors to compensation.
Musk’s sending a letter of termination of the acquisition to Twitter this time is the latest development of the acquisition farce between the two parties in the past four months.
On April 14, Musk proposed to acquire Twitter. On April 25th, Twitter and Musk reached an agreement. Musk will acquire Twitter for $54.2 per share and a total price of $44 billion in cash, and Twitter will become a privately held company. On May 13, Musk tweeted that he was suspending the acquisition of Twitter and was waiting for more details to prove that Twitter’s proportion of spam or fake accounts was indeed below 5%; he later added that he was still working on acquisitions .
But Musk ultimately decided to end the acquisition. On July 8, Musk's lawyers wrote to Twitter saying that Musk would terminate the Twitter acquisition. The letter said Twitter violated multiple terms of the acquisition contract. On July 12, Twitter sued Musk to the Chancery Court in the U.S. state of Delaware, asking Musk to complete the acquisition of Twitter. On July 19, Twitter's request for an expedited trial was granted, which is scheduled for October 2022.
Twitter US stocks fell more than 3% in premarket trading.
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