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So Elon won his argument.

  • production numbers or sales or delivery numbers (whether actual, forecasted, or projected) that have not been previously published via pre-approved written communications issued by the Company (“Official Company Guidance”) or deviate from previously published Official Company Guidance;
This must really chap the SEC and baloon Elon’s head.
 
One thing to be mindful of is sell in May and go away. I think macros are particularly susceptible to that this year since they are just again reaching all time highs at the end of April, and some may be looking for a triple top.

However, Tesla has a very good chance of largely ignoring macros too as it hopefully rebounds off a huge drop.
 
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Reactions: neroden
So Elon won his argument.

  • production numbers or sales or delivery numbers (whether actual, forecasted, or projected) that have not been previously published via pre-approved written communications issued by the Company (“Official Company Guidance”) or deviate from previously published Official Company Guidance;
This must really chap the SEC and baloon Elon’s head.

How? Wasn’t this their case? According to this Elon couldn’t have said 500k because it wasnt in any written communications only in the call.
 
So Elon won his argument.

  • production numbers or sales or delivery numbers (whether actual, forecasted, or projected) that have not been previously published via pre-approved written communications issued by the Company (“Official Company Guidance”) or deviate from previously published Official Company Guidance;
This must really chap the SEC and baloon Elon’s head.
let us hope that they both can keep their reasonable pants on and not have any more run ins. I hope we can get a string of GOOD news for a change.
I'm tired of being underwater.
 
That’s a fairly restrictive list of things Elon has to seek approval for. Doesn’t look like the SEC was negotiating from a position of weakness because they know how strong their case was with the 420 tweet.

Factchecking and other super bulls legal analysis fails once again.

Sorry, but your logic doesn’t hold. The whole contempt argument was whether Elon’s tweet was material, but the original agreement formed too loose a definition. They have been forced to explicitly state what is material information. Plus they’ll be withdrawing their contempt case too.
 
How? Wasn’t this their case? According to this Elon couldn’t have said 500k because it wasnt in any written communications only in the call.

This whole SEC and Twitter thing is nonsense.

In the agreement, it says that Elon can't deviate from published materials. Published materials can also include the earnings call, the recording of which is published on Tesla's website.
 
New agreement has a bullet list of items that require pre-review by the lawyer.


  • the Company’s financial condition, statements, or results, including earnings or guidance;
  • potential or proposed mergers, acquisitions, dispositions, tender offers, or joint ventures;
  • production numbers or sales or delivery numbers (whether actual, forecasted, or projected) that have not been previously published via pre-approved written communications issued by the Company (“Official Company Guidance”) or deviate from previously published Official Company Guidance;
  • new or proposed business lines that are unrelated to then-existing business lines (presently includes vehicles, transportation, and sustainable energy products);
  • projection, forecast, or estimate numbers regarding the Company’s business that have not been previously published in Official Company Guidance or deviate from previously published Official Company Guidance;
  • events regarding the Company’s securities (including Musk’s acquisition or disposition of the Company’s securities), credit facilities, or financing or lending arrangements;
  • nonpublic legal or regulatory findings or decisions;
  • any event requiring the filing of a Form 8-K by the Company with the Securities and Exchange Commission, including:
  • change in control; or
  • a change in the Company’s directors; any principal executive officer, president, principal financial officer, principal accounting officer, principal operating officer, or any person performing similar functions, or any named executive officer; or
  • such other topics as the Company or the majority of the independent members of its Board of Directors may request, if it or they believe pre-approval of communications regarding such additional topics would protect the interests of the Company’s shareholders; and

I seriously doubt he can zip it with so much red tape. More drama secured
 
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