He can still pay the $1B to back out, can't he? But that would involve ego damage, so maybe not.
The $1B is for a different scenario; he doesn't have the option to back out of the deal voluntarily.
https://www.cnbc.com/2022/05/13/elon-musk-cant-just-walk-awa...
> A reverse breakup fee paid from a buyer to a target applies when there is an outside reason a deal can’t close, such as regulatory intermediation or third-party financing concerns.