Twitter May Enforce Musk to Close Deal as long as It Met Closing Conditions, per Lawsuit

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).