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Elon Musk has sent an extra letter of deal termination to Twitter Inc to involve a recent whistleblower criticism from former safety head of the social media organization as one more explanation to scrap the $44 billion offer.

Final 7 days, Peiter Zatko, a famed hacker recognised as “Mudge”,  said in his criticism that Twitter prioritized consumer advancement in excess of lessening spam and falsely claimed it experienced a sound protection program.

If the allegation are correct, then Twitter has breached some of the provisions of the merger settlement, Musk and his lawful workforce stated in a letter dated Aug. 29.

Twitter, even so, stated in its regulatory filing the fresh termination observe was invalid and wrongful less than the deal phrases.

Musk has also subpoenaed Zatko, trying to find details mainly about the way the microblogging website measures spam account.

Musk resolved to terminate the offer in July, declaring the business misled him and regulators about the legitimate amount of spam or bot accounts on the microblogging platform.

His legal team said allegations on selected specifics, which were recognised to Twitter prior to July 8 but ended up not disclosed to them, deliver supplemental and unique bases to conclusion the deal, according to a regulatory submitting by Musk on Tuesday.

The most current convert of gatherings arrives as the two sides head to a 5-working day trial at the Delaware Courtroom of Chancery set to start on Oct. 17. Twitter is asking Chancellor Kathaleen McCormick to buy Musk to obtain it for the agreed $54.20 for every share.

Twitter shares have been down 2.5% at $39.02 before the bell.