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In reply to the discussion: Twitter's odds of getting specific performance and making Musk close the deal [View all]LetMyPeopleVote
(177,766 posts)30. Four cases lawyers for Twitter and Elon Musk will be examining as they head to court
Link to tweet
https://www.cnbc.com/2022/07/12/here-are-four-past-cases-twitter-and-elon-musks-lawyers-will-be-examining-as-they-head-to-court.html?utm_source=dlvr.it&utm_medium=twitter
AB Stable v. Maps Hotels and Resorts
In this 2020 case, a South Korean financial services company agreed to buy 15 U.S. hotels from AB Stable, a subsidiary of Anbang Insurance Group, a Chinese company, for $5.8 billion. The deal was signed in September 2019 and scheduled to close in April 2020.
The buyer argued Covid-19 shutdowns were cause for a material adverse effect on the deal. The seller sued for specific performance.
Judge J. Travis Laster found that hotel shutdowns and dramatic capacity reductions breached the ordinary course of business clause, and ruled that the buyer could get out of the deal.
The Delaware Supreme Court affirmed the decision in 2021.
In this 2020 case, a South Korean financial services company agreed to buy 15 U.S. hotels from AB Stable, a subsidiary of Anbang Insurance Group, a Chinese company, for $5.8 billion. The deal was signed in September 2019 and scheduled to close in April 2020.
The buyer argued Covid-19 shutdowns were cause for a material adverse effect on the deal. The seller sued for specific performance.
Judge J. Travis Laster found that hotel shutdowns and dramatic capacity reductions breached the ordinary course of business clause, and ruled that the buyer could get out of the deal.
The Delaware Supreme Court affirmed the decision in 2021.
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Twitter's odds of getting specific performance and making Musk close the deal [View all]
LetMyPeopleVote
Jul 2022
OP
There is a difference between specific performance, and a monetary award of damages.
Ms. Toad
Jul 2022
#4
Wilson Sonsini is a decent firm and so it will be interesting to see what happens
LetMyPeopleVote
Jul 2022
#15
The Delaware Chancery Court has granted specific performance in other deals
LetMyPeopleVote
Jul 2022
#17
Four cases lawyers for Twitter and Elon Musk will be examining as they head to court
LetMyPeopleVote
Jul 2022
#29
Four cases lawyers for Twitter and Elon Musk will be examining as they head to court
LetMyPeopleVote
Jul 2022
#30
Real property is a standard exception the rule which favors monetary damages. n/t
Ms. Toad
Jul 2022
#35
Four cases lawyers for Twitter and Elon Musk will be examining as they head to court
LetMyPeopleVote
Jul 2022
#31
Four cases lawyers for Twitter and Elon Musk will be examining as they head to court
LetMyPeopleVote
Jul 2022
#32
Difference between merger price 54.20 and today's price 32ish is substantial
mathematic
Jul 2022
#18
Why is everyone so certain that Twitter didn't mislead regarding the fake accounts?
MichMan
Jul 2022
#7
Twitter just hired a big-name law firm to sue Elon Musk for dropping out of $44 billion takeover bid
LetMyPeopleVote
Jul 2022
#8
Wachtell Lipton is exactly who you would hire in these circumstances: the most famous merger firm
LetMyPeopleVote
Jul 2022
#12
I would think the judge could order Musk to sell off one of his assets to complete the deal.
LiberalFighter
Jul 2022
#19
If everyone is convinced that Musk will be ordered to complete the original deal
MichMan
Jul 2022
#23
I was not impressed with four page letter from Skadden but I love the simple response from Wachtell
LetMyPeopleVote
Jul 2022
#24
If a judge orders Musk to complete the sale I think he will because of the effect not doing it
ZonkerHarris
Jul 2022
#26
OPENING ARGUMENT did a good summary of the Specific Performance aspects of the lawsuit.
brooklynite
Jul 2022
#41