E: Given I can't find sources on this right now (gosh, Google really has gone to the shitter; I can't find the SEC filing for the final deal despite several tortured queries) I'll say, take this with a pinch of salt. If I find a source I'll post it.
E2: I finally found it: the same non-disparagement clause allows for Elon to tweet whatever he wants about the deal. Section 6.8 in https://www.sec.gov/Archives/edgar/data/1418091/000119312522...
Seems like "do not disparage the Company" might be at risk with:
>20% fake/spam accounts, while 4 times what Twitter claims, could be much higher.
>My offer was based on Twitter’s SEC filings being accurate.
>Yesterday, Twitter’s CEO publicly refused to show proof of <5%.
>This deal cannot move forward until he does.
Maybe in a bull market. During bull markets people were singing the praise of Enron CEO too, not to mention Lehman Brothers CEO.
A bear market changes the perception and a techno-utopian cult leader can very rapidly become a security fraudster.