Twitter v. Elon Musk Court Filing by Potter Anderson & Corroon LLP, July 12, 2022 is part of
FACTUAL ALLEGATIONS
III - The Final, Agreed-upon Term Deals
G. Specific Performance
54. Twitter may seek specific performance, an injunction, or other equitable relief to enforce any of defendants’ obligations under the merger agreement. Id. § 9.9(a). It has the specific power to compel Musk to fund the equity financing and close the merger, provided the closing conditions are met (or are capable of being met at the time of closing), the debt financing (which is already committed) has been or will be funded at the closing, and the company is itself prepared to close. Id. § 9.9(b).
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