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Tesla’s Elon Musk and SEC explains their settlement in joint letter to US judge

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Elon Musk and the Securities and Exchange Commission have submitted a joint letter explaining their settlement for a lawsuit resulting from the Tesla CEO’s “funding secured” tweet last August. The letter, which was dated October 11, 2018, comes a week after U.S. District Judge Alison Nathan asked Musk and the SEC to justify their settlement before she approves the deal.

The CEO found himself in hot water late last month after the SEC filed a suit over tweets posted in August, when Musk announced that he was considering taking Tesla private at $420 per share, and that he had “funding secured.” Tesla stock plunged as news of the agency’s lawsuit emerged, dropping more than 13% amidst reports that Musk allegedly rejected a settlement prepared by the SEC. Elon Musk would agree to a settlement with the SEC in the weekend that followed. 

Under the terms of the settlement, Musk would be required to step down as Chairman of Tesla’s Board of Directors. The company would also appoint two new independent directors to its board. Elon Musk and Tesla Inc. would have to pay a fine of $20 million each as well, which would, in turn, be distributed to harmed investors under a court-approved process. In a statement last Thursday, Judge Nathan asked Musk and the SEC for a joint letter explaining their settlement, noting that the court needs to make a “minimal determination of whether the agreement is appropriate” before things are finalized.

The SEC noted in the joint letter that it considered multiple factors when it was determining the appropriate penalties for Musk and Tesla, from the gravity of Musk’s alleged violations to the CEO’s lack of monetary gain resulting from his “funding secured” tweet.

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“In this case, the SEC considered multiple factors in determining appropriate civil  penalties. These included the seriousness of the alleged violations, the market impact caused by the alleged conduct, and Defendants’ financial means, but also countervailing factors such as Defendants’ willingness to settle these actions promptly, Defendants’ apparent lack of pecuniary gain, and the limited temporal scope of the conduct.”

The agency further noted that sanctions against Elon Musk and Tesla are designed to benefit investors by putting additional governance measures in the electric car and energy company. Musk’s representatives, for their part, simply noted in the joint letter that the CEO believes a prompt resolution through the settlement is in the best interests of Tesla’s investors.

“Tesla and Mr. Musk believe that a prompt resolution of these actions through settlement is in the best interests of investors and should be approved.”

The submission of Elon Musk and the SEC’s joint letter comes amidst news that one of Tesla’s largest investors has increased its stake in the company. On Wednesday, it was revealed that T. Rowe Price Group Inc., which owned 11.93 million TSLA shares at the end of Q2 2018, increased its stake in the company in Q3. By the end of September, the firm held 17.4 million TSLA shares, making it the company’s second-largest shareholder, second only to Elon Musk. Another institutional investor, Bailey Gifford, which owns 13.2 million TSLA shares, currently stands as Tesla’s third-largest shareholder.

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With Tesla’s Q3 earnings report coming in less than four weeks, T. Rowe Price’s increased stake in the electric car maker could prove to be a strategic investment for the financial firm. Tesla, after all, finished the third quarter on a strong note, delivering and producing a record number of vehicles. Less than two days before the end of the quarter, Musk even sent out a message to Tesla’s employees, urging them to work hard as the company is “very close” to profitability. Since October began, Tesla has also been showing signs that its Model 3 production ramp continues to grow stronger. Teases of an eventual international rollout for the electric car, such as an exhibit in the Paris Motor Show, further suggest that Tesla is steadily gaining its foothold in its efforts to roll out its first mass-market vehicle.

Elon Musk and the SEC’s joint letter could be read in full below.

SEC v Elon Musk – Joint Sub… by on Scribd

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Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Cybertruck

Tesla confirms date when new Cybertruck trim will go up in price

Tesla has officially revealed that this price will only be available until February 28, as the company has placed a banner atop the Design Configurator on its website reflecting this.

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Credit: Tesla

Tesla has confirmed the date when its newest Cybertruck trim level will increase in price, after CEO Elon Musk noted that the All-Wheel-Drive configuration of the all-electric pickup would only be priced at its near-bargain level for ten days.

Last week, Tesla launched the All-Wheel-Drive configuration of the Cybertruck. Priced at $59,990, the Cybertruck featured many excellent features and has seemingly brought some demand to the pickup, which has been underwhelming in terms of sales figures over the past couple of years.

Tesla launches new Cybertruck trim with more features than ever for a low price

When Tesla launched it, many fans and current owners mulled the possibility of ordering it. However,  Musk came out and said just hours after launching the pickup that Tesla would only keep it at the $59,990 price level for ten days.

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What it would be priced at subsequently was totally dependent on how much demand Tesla felt for the new trim level, which is labeled as a “Dual Motor All-Wheel-Drive” configuration.

Tesla has officially revealed that this price will only be available until February 28, as the company has placed a banner atop the Design Configurator on its website reflecting this:

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Many fans and owners have criticized Tesla’s decision to unveil a trim this way, and then price it at something, only to change that price a few days later based on how well it sells.

It seems the most ideal increase in price would be somewhere between $5,000 and $10,000, but it truly depends on how many orders Tesla sees for this new trim level. The next step up in configuration is the Premium All-Wheel-Drive, which is priced at $79,990.

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The difference between the Dual Motor AWD Cybertruck and the Premium AWD configuration comes down to towing, interior quality, and general features. The base package is only capable of towing up to 7,500 pounds, while the Premium can handle 11,000 pounds. Additionally, the seats in the Premium build are Vegan Leather, while the base trim gets the textile seats.

It also has only 7 speakers compared to the 15 that the Premium trim has. Additionally, the base model does not have an adjustable ride height, although it does have a coil spring with an adaptive damping suspension package.

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Cybertruck

Tesla set to activate long-awaited Cybertruck feature

Tesla will officially activate the Active Noise Cancellation (ANC) feature on Cybertruck soon, as the company has officially added the feature to its list of features by trim on its website.

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Credit: Tesla

Tesla is set to activate a long-awaited Cybertruck feature, and no matter when you bought your all-electric pickup, it has the hardware capable of achieving what it is designed to do.

Tesla simply has to flip the switch, and it plans to do so in the near future.

Tesla will officially activate the Active Noise Cancellation (ANC) feature on Cybertruck soon, according to Not a Tesla App, as the company has officially added the feature to its list of features by trim on its website.

Tesla rolls out Active Road Noise Reduction for new Model S and Model X

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The ANC feature suddenly appeared on the spec sheet for the Premium All-Wheel-Drive and Cyberbeast trims, which are the two configurations that have been delivered since November 2023.

However, those trims have both had the ANC disabled, and although they are found in the Model S and Model X, and are active in those vehicles, Tesla is planning to activate them.

In Tesla’s Service Toolbox, it wrote:

ANC software is not enabled on Cybertruck even though the hardware is installed.”

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Tesla has utilized an ANC system in the Model S and Model X since 2021. The system uses microphones embedded in the front seat headrests to detect low-frequency road noise entering the cabin. It then generates anti-noise through phase-inverted sound waves to cancel out or reduce that noise, creating quieter zones, particularly around the vehicle’s front occupants.

The Model S and Model X utilize six microphones to achieve this noise cancellation, while the Cybertruck has just four.

Tesla Cybertruck Dual Motor AWD estimated delivery slips to early fall 2026

As previously mentioned, this will be activated through a software update, as the hardware is already available within Cybertruck and can simply be activated at Tesla’s leisure.

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The delays in activating the system are likely due to Tesla Cybertruck’s unique design, which is unlike anything before. In the Model S and Model X, Tesla did not have to do too much, but the Cybertruck has heavier all-terrain tires and potentially issues from the aluminum castings that make up the vehicle’s chassis, which are probably presenting some challenges.

Unfortunately, this feature will not be available on the new Dual Motor All-Wheel-Drive configuration, which was released last week.

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Tesla Model S and X customization options begin to thin as their closure nears

Tesla’s Online Design Studio for both vehicles now shows the first color option to be listed as “Sold Out,” as Lunar Silver is officially no longer available for the Model S or Model X. This color is exclusive to these cars and not available on the Model S or Model X.

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Credit: Tesla

Tesla Model S and Model X customization options are beginning to thin for the first time as the closure of the two “sentimental” vehicles nears.

We are officially seeing the first options disappear as Tesla begins to work toward ending production of the two cars and the options that are available to those vehicles specifically.

Tesla’s Online Design Studio for both vehicles now shows the first color option to be listed as “Sold Out,” as Lunar Silver is officially no longer available for the Model S or Model X. This color is exclusive to these cars and not available on the Model S or Model X.

Tesla is making way for the Optimus humanoid robot project at the Fremont Factory, where the Model S and Model X are produced. The two cars are low-volume models and do not contribute more than a few percent to Tesla’s yearly delivery figures.

With CEO Elon Musk confirming that the Model S and Model X would officially be phased out at the end of the quarter, some of the options are being thinned out.

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This is an expected move considering Tesla’s plans for the two vehicles, as it will make for an easier process of transitioning that portion of the Fremont plant to cater to Optimus manufacturing. Additionally, this is likely one of the least popular colors, and Tesla is choosing to only keep around what it is seeing routine demand for.

During the Q4 Earnings Call in January, Musk confirmed the end of the Model S and Model X:

“It is time to bring the Model S and Model X programs to an end with an honorable discharge. It is time to bring the S/X programs to an end. It’s part of our overall shift to an autonomous future.”

Fremont will now build one million Optimus units per year as production is ramped.

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