The letter said Zatko’s complaint “alleges far-reaching misconduct at Twitter — all of which was disclosed to Twitter’s directors and senior executives, including (CEO) Parag Agrawal — that is likely to have severe consequences for Twitter’s business.”
“These allegations, if true, demonstrate that Twitter has breached the following provisions of the Merger Agreement, thereby giving the Musk Parties the right to terminate the Merger Agreement,” the letter added.
Musk’s lawyer said in the letter the new termination notice was being filed in case Musk’s original case concerning bots was “determined to be invalid for any reason.”
Zatko’s lawyers confirmed Monday Musk’s legal team had subpoenaed Zatko, who is due to be deposed on September 9.