Some fresh leadership might not be a bad thing for Twitter. Whether Musk is the right person for that...
Some fresh leadership might not be a bad thing for Twitter. Whether Musk is the right person for that...
It's worth keeping in mind that despite the brave face, Musk didn't want to buy Twitter. In fact: he desperately didn't want to buy Twitter. He's been forced to do so by the Delaware courts.
It's more accurate to say Musk didn't want to buy Twitter for $44 billion. His timing on his bid really sucked. He might have saved half or more if he'd waited a few months.
Instead he made a take-it-or-leave-it offer with a ludicrously tight schedule and locked himself into an unfavorable deal without any obvious reason.
I am certain there is a bad decision in there sometimes and I'm wondering what it it might be.
A small part of me thinks that maybe he was uncertain and scared that he would back out so he took that option off the table preemptively.
It's probably more or less the case that for the next several years, it will be difficult for Musk to do any big-ticket M&A, despite having some of the biggest pockets in the business, without agreeing to exceptionally seller-friendly terms. All because of how he handled an acquisition of a flailing media company that it is very unclear that he wanted in the first place.
What I'm saying is that he'll be getting exceptionally seller-friendly terms from everybody, for years to come, because in the course of this supposed "negotiation" he repeatedly breached the terms of the acquisition agreement, publicly slagged the target over and over again, reneged on the deal, and brought a horseshit case to the Delaware Chancery Court to try to avoid performance when the target held him to the deal he agreed to. Every other company is going to notice that (it's one of the most noticeable things to happen in business in 50 years!), and nobody is going to trust him.
I don't believe he did all of that as a negotiating ploy. If he wanted to get the price down, all he had to do was wait before agreeing to an ironclad, overpriced deal. In fact: "waiting" is what he ended up trying to make happen anyways!
This wasn't a negotiating strategy.
He thought he could get away with an "epic troll" for his acolytes to croon over, like the stock price manipulation Tweets. Turns out the Delaware courts have teeth.
Twitter’s management, acting in the best interest of their shareholders, used the court to force him to hold to the contract when he tried to walk. Musk decided to buy the company for the agreed on price rather than have that imposed on him by court order after (more) embarrassing discovery.
Seeing Musk as a business genius in this deal requires ignoring nearly every event in the saga.
anyone who actually think he was forced to pay 43bn when he could have paid 1bn. (even 2bn) are just not thinking correctly.
https://www.theverge.com/2022/7/8/23201004/twitter-to-sue-el...
Meanwhile, Musk was getting absolutely savaged in the Delaware chancery court and they were just in discovery. He was going to lose and that would be more embarrassing (somehow) than this outcome.
All because he went off half cocked and didn’t write bog standard contingencies into his offer.
He’s come off looking like an absolute simpleton in this and that’s the better outcome for him than if the court case had proceeded.
There was a provision that Musk would be on the hook for $1B if a third party (e.g. regulators) blew up the deal in a couple enumerated ways. No such option was available to Musk himself.
https://www.cnbc.com/amp/2022/05/13/elon-musk-cant-just-walk...
It is embedded on this link https://www.theverge.com/2022/7/8/23201004/twitter-to-sue-el...
https://www.sec.gov/Archives/edgar/data/1418091/000119312522...
“Pay $2B and out” was not a choice available to him.
I haven't had a lot of good things to say about Musk as of late but I think this might be an exception, this kind of fortitude is something we should all strive to have. When cornered, he at least didn't complain or cry too much, he actually bit the bullet and has a very convincingly brave face on indeed.
He decided to buy because he feels its better to own it.
Those sort of breakup fees are to give the company some compensation for non-bad-faith purchasers having external problems, because a failed acquisition is still an expensive thing for a company to have gone through in those situations. A cold-feet buyer throwing shit at the company in public even though he has the means to close the deal? Different story.
He did but not for this price...
I think it's more precise to say he acted as if "he desperately didn't want to buy Twitter.".
If he's unsure about that, he can hire Zuck which might be free from contract soon if we look at how Meta stock is trading.