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> you think this lets him get off clean?

My words were "slap on the wrist." I think only having to pay $1B instead of $46.5B meets the criteria.

> something he should have argued in his letter

That's Levine's analysis of, "if the banks don’t put up their $13 billion then he doesn’t have to put up his $33.5 billion".

Going by Levine's "Exhibit E", I find it hard to believe that the banks generated this much verbiage without a single escape hatch:

https://www.sec.gov/Archives/edgar/data/0001418091/000110465...

> gets a class designated of all Twitter holders

Yes. I understand how class action works. If Twitter were a normal company, that's what one would (correctly) expect to happen. But it isn't. I think Twitter would take on a class action before airing its dirty laundry.




> My words were "slap on the wrist." I think only having to pay $1B instead of $46.5B meets the criteria.

The real wobble is about $19B-- the difference between Twitter's market value and the acquisition offer. I think it is likely Elon pays well in excess of $1B, but maybe captures a little bit of that $19B for himself.

> That's Levine's analysis of, "if the banks don’t put up their $13 billion then he doesn’t have to put up his $33.5 billion".

Yah, and getting the banks to walk and then trying to walk from the deal would be a way to try and pay only $1B. The problem is, he's walked before the banks.




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