No, the SEC agreement directly addresses this. Section 5.11 ("Parent" and "Acquisition Sub" is Musk, "Company" is Twitter):
> Each of Parent and Acquisition Sub has conducted, to its satisfaction, its own independent investigation, review and analysis of the business, results of operations, prospects, condition (financial or otherwise) or assets of the Company and its Subsidiaries. In making its determination to proceed with the transactions contemplated by this Agreement, including the Merger, each of Parent and Acquisition Sub has relied solely on the results of its own independent review and analysis and the covenants, representations and warranties of the Company contained in this Agreement
So, in essence:
1) Musk has been afforded the opportunity to address any concerns he has with Twitter
2) Any concerns of Musks have been satisfactorily resolved by Twitter
3) In determining said satisfaction, Musk is relying on his own judgement and analysis, and is not relying on any analysis by Twitter.
There is absolutely 0 ground to his complaints today and claiming he "isnt being given the information hes been asking for" or that "I was going off your numbers but I want to run my own".
I'm curious about the nuances of this, I haven't seen this argument made elsewhere yet, but it does seem to make sense that you would make that kind of exception. Even when you buy a house as-is, exceptions are generally going to be made for existential threats (leans on the house, title issues, etc.) outside of the _condition_ of the house. But it still feels like posturing, especially since he knew this was an issue before he made the offer, why not explicitly call this out in the contract? It definitely feels like the weight of the economy collapsing is the substantive issue.
> Each of Parent and Acquisition Sub has conducted, to its satisfaction, its own independent investigation, review and analysis of the business, results of operations, prospects, condition (financial or otherwise) or assets of the Company and its Subsidiaries. In making its determination to proceed with the transactions contemplated by this Agreement, including the Merger, each of Parent and Acquisition Sub has relied solely on the results of its own independent review and analysis and the covenants, representations and warranties of the Company contained in this Agreement
So, in essence:
1) Musk has been afforded the opportunity to address any concerns he has with Twitter
2) Any concerns of Musks have been satisfactorily resolved by Twitter
3) In determining said satisfaction, Musk is relying on his own judgement and analysis, and is not relying on any analysis by Twitter.
There is absolutely 0 ground to his complaints today and claiming he "isnt being given the information hes been asking for" or that "I was going off your numbers but I want to run my own".