[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