Artful Dodger
"Neko no me"
Elon DID waive due diligence.
Elon Musk Exhibit 99.P - pg.5 (dated 08 July 2022)
Despite public speculation on this point, Mr. Musk did not waive his right to review Twitter’s data and information simply because he chose not to seek this data and information before entering into the Merger Agreement. In fact, he negotiated access and information rights within the Merger Agreement precisely so that he could review data and information that is important to Twitter’s business before financing and completing the transaction.
Elon DID NOT wave his rights of due diligence; it was work-in-progress, and Twitter agree to that process, and the consummation of the deal was dependent upon the outcome of that work:
While Section 6.4 of the Merger Agreement requires Twitter to provide Mr. Musk and his advisors all data and information that Mr. Musk requests “for any reasonable business purpose related to the consummation of the transaction,” Twitter has not complied with its contractual obligations.