By Matt O'Brien & Barbara Ortutay
A judge has delayed a looming trial between Twitter and Elon Musk, giving the Tesla CEO more time to close his $44 billion deal to buy the company after months spent fighting to get out of it.
Musk had asked to halt the upcoming Delaware court trial, where the Tesla billionaire was expected to fare poorly against Twitter's lawsuit to force him to complete his April merger agreement. Musk revived the takeover offer on Monday but said he needed time to get the financing in order.
Chancellor Kathaleen St. Jude McCormick, head of the Delaware Chancery Court, said Thursday that Musk and Twitter now have until Oct. 28 to close the deal. A trial originally set for Oct. 17 will happen in November if they don't, she said.
Twitter had asked McCormick earlier Thursday to proceed with the trial, saying the billionaire refuses to accept the "contractual obligations" of his April agreement to buy the social media company and take it private.
Twitter disputed Musk's claim that the San Francisco-based company is refusing to accept his renewed bid. Musk told Twitter earlier this week he's ready to buy the company once again after trying to back out of the deal over the summer, accusing it of refusing to give him information about "spam bot" accounts on the service.
Twitter described Musk's move to delay the trial as "an invitation to further mischief and delay" after his arguments for terminating the agreement haven't had merit.
But after the judge's ruling, Twitter reiterated in a statement that it was ready to close the deal on the share price agreed upon in April: "We look forward to closing the transaction at $54.20 by October 28th," referring to the price Musk originally offered for each Twitter share.
Brooklyn Law School professor Andrew Jennings said Twitter wants to be certain that the deal will get done and not allow "wiggle room for Musk to walk away again."
Musk attorneys argued that Twitter was disagreeing with the trial delay "based on the theoretical possibility" of Musk not coming up with the financing, which they called "baseless speculation."
They said Musk's financial backers "have indicated that they are prepared to honor their commitments" and are working to close the deal by Oct. 28.
Musk attorney Alex Spiro said in a statement Thursday that "Twitter offered Mr. Musk billions off the transaction price" but Musk "refused because Twitter attempted to put certain self-serving conditions on the deal." He didn't elaborate on what those conditions were. Twitter hasn't described the talks beyond what its attorneys have said in court.
Twitter's shares fell $1.91, or 3.7%, to close at $49.39 on Thursday. It was the stock's second day of declines following a surge of more than 22% on Tuesday after Musk made his renewed offer to buy the company.
Matt O'Brien & Barbara Ortutay are AP technology writers
“Heretic” and “Maria” Set As Red Carpet Premieres At AFI Fest
The American Film Institute (AFI) has announced that Heretic, the psychological thriller starring Hugh Grant, and Maria, based on the life of opera singer Maria Callas starring Angelina Jolie, will round out the Red Carpet Premieres section at this year’s AFI Fest. The Heretic Gala Screening will take place on Thursday, October 24, and the Maria Gala Screening will be held on Saturday, October 26. The complete Red Carpet Premieres section includes the world premieres of Music By John Williams, Robert Zemeckis’ Here, Wallace & Gromit: Vengeance Most Fowl and Clint Eastwood’s Juror #2. All Red Carpet Premieres will take place at the historic TCL Chinese Theatre. The full lineup for AFI Fest 2024 will be unveiled on October 1.
“At the heart of AFI Fest is an unwavering dedication to celebrating the best in global cinema--together,” said Bob Gazzale, AFI president and CEO. “We look forward to uniting artists and audiences once again to be inspired by the art form in a powerful sense of community.”
Heretic follows two young missionaries (Sophie Thatcher and Chloe East) who are forced to prove their faith when they knock on the wrong door and are greeted by a diabolical Mr. Reed (portrayed by Grant), becoming ensnared in his deadly game of cat-and-mouse. The film is directed by Scott Beck and Bryan Woods and produced by Stacey Sher, Beck, Woods, Julia Glausi and Jeanette Volturno. The film will be released nationwide by A24 on November 8.
Directed by Pablo Larraín, Maria presents a tumultuous and beautiful depiction of one of the world’s most renowned artists and reimagines the legendary soprano in her final days in Paris, as Callas (Jolie)... Read More