Elon Musk was always going to struggle to win in Delaware. He had signed a binding agreement to buy Twitter for $44bn and to make his “reasonable best efforts” to complete the deal. Saying he didn’t want to buy it any more wasn’t going to work in Delaware, the state where Twitter is incorporated and one that carries a reputation for making sure agreed company transactions happen.
And so it appears that Musk has chosen the least bad option, which is going ahead with the deal before spending millions more dollars trying to convince a judge that he should be allowed to walk away even though he had no grounds to do so.
