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One tiny nit -- the possibility that in the event CM finds breach by TWTR, the stipulated damages / termination fee award of $1b could be tossed as a penalty. Generally unlikely, but in extreme case where plaintiff (Musk) has demonstrably suffered *no* damages, more arguable.
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Love what you're doing here. w/r/t the asterisk note: a shareholder suit alleging breach of fiduciary duty over the merger agreement and subsequent events has already been filed in N.D. Cal. Inevitable 12(b)(6) briefing scheduled to complete Nov 10, 2022.
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