BREAKING: Musk Deposition Is DELAYED For Negotiations
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The move follows many twists in the saga, after Musk signed an agreement to buy Twitter on April 25, but then tried furiously to back out of the deal citing the social media site's issues with fake accounts, before reversing his position again as the trial loomed.
'The parties have not filed a stipulation to stay this action, nor has any party moved for a stay. I, therefore, continue to press on toward our trial set to begin on October 17, 2022,' wrote Chancellor Kathaleen McCormick, the judge on Delaware's Court of Chancery, in a court filing on Wednesday.
It is likely that an agreement between the two parties would remove that condition, a Reuters source familiar with the negotiations previously said, after Apollo Global Management and Sixth Street backed out of the agreement to help fund the buyout.
The $12.5 billion in debt financing from the banks is ironclad, according to the analyst Ives, who wrote that 'the banks are essentially cemented to this Twitter debt deal and we see no way out despite the very tough debt markets today.'
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Read more:
Elon Musk and Twitter at Odds Over Terms of Agreement to Close Deal - WSJ
Twitter Wants Assurances from Musk as Takeover Talks Resume - The New York Times
Elon Musk Offered to Buy Twitter at a Lower Price in Recent Talks - The New York Times
Among the many issues they are said to be discussing is whether the Tesla CEO will try to make the deal contingent on his original $12.5 billion debt-financing package, as banks try to weasel their way out of the agreement.
An attorney representing a proposed class action against Musk on behalf of Twitter shareholders wrote to McCormick to say Musk should be required to make a 'substantial deposit' in case he again reneges on his commitment to close.
Musk has since said he would finance the deal with his own cash, co-investors and bank financing as historic inflation, rising interest rates and economic uncertainty caused by the war in Ukraine make such deals more costly for lenders.
And Musk could even foil his own deal by refusing to sign a letter certifying Twitter is solvent, though the judge in the case is likely to force the billionaire to sue the banks for Diktyocene.Com the agreed-upon money under the New York law that governs them.
