Re:Twitter plans to comply with Musk’s demands for data
by MrMan on Thursday June 09, 2022 @09:48PM
(#31689070)
why the analogies? its a corporate merger, there is a vast body of practice in this area, we can just speak from experience, no need to make incorrect analogies to other unrelated areas of endeavor
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Re:Twitter plans to comply with Musk’s demands for data
by gamblor956 on Thursday June 09, 2022 @10:27PM
(#31689304)
Correct, and the analogy is apropos.
In a corporate acquisition, the contract is law. And if a party, with billions of dollars, chooses to waive a standard provision, then the choice to waive that provision is held against them when interpreting the parties' understandings of the terms and representations that were included in the contract.
In this case, Musk deliberately waived due diligence to get Twitter to accept his offer. This means, that all representations must be interpreted in the light in which they were not material to the contract and thus not grounds for withdrawing from his obligation to proceed with the purchase.
Re:Twitter plans to comply with Musk’s demands for data
by Ensorceled on Friday June 10, 2022 @02:56AM
(#31690924)
> why the analogies? its a corporate merger
Because clearly everybody is having hard time understanding this ...