[camjw]

I remember reading on here that the breakup fee is only applicable in very narrow cases, basically only if the US govt blocks the deal. If it's not applicable then he's on the hook for the whole ~40billy. Does he still come out ahead financially in that case if, for instance, the Twitter board take him to court? Genuine question.

[pavlov]

Would they really go to court? That could take years and create a cloud of uncertainty around Twitter — certainly not good for shareholder value.

It's much easier for the board if they settle privately with Musk: "Yeah, pay the breakup fee and we'll forget this ever happened."

[sangnoir]

I read someone else's analysis of the agreement: it bizarrely sets the cap for any damages that can be sued in court to $1B - same as the breakup fee. This obviously gives Elon an incentive to not pay breakup fee, but go to court first instead. At worst, he'd pay a billion, and best, whatever the court says thats less than a billion + legal fees

[ProjectArcturis]

Read Matt Levine's Money Stuff column from the past couple days -- it explains realistically what could happen.