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Tesla, SpaceX, Elon Musk ventures cleared by SEC for private fundraising after tweet controversy

(SpaceX)

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Tesla, SpaceX, The Boring Company (TBC), and Neuralink have all been granted waivers allowing them to continue raising capital by privately selling restricted securities (typically private equity or debt), heading off potential barriers that would increase the difficulty of raising capital through the sale of securities.

Cued by the commission’s settled suit over CEO Elon Musk’s improper and misleading dissemination of information material to Tesla shareholders, the United States Securities and Exchange Commission (SEC) has granted investment disqualification waivers – specifically “waivers of disqualification under Rule 506 of Regulation D” – to each of the four major companies owned by Elon Musk.

Losing the ability to raise funds in this manner would make it much harder for companies like Tesla and SpaceX to raise the money frequently needed for expansions and major R&D projects, described in the waiver requests as “extremely capital intensive.” However, the bulk of the arguments provided by each company’s legal representatives can be largely ignored. Arguing to the contrary – i.e. failing to make a strong case that the given company may need private equity investment – could close critical doors that each company may not need right this moment but would like to preserve as an option.

Still, each waiver request offers a slight glimpse into the inner-workings of SpaceX, TBC, and Neuralink, typically hidden from the public eye as privately held entities.

A fleet of red Dual Motor/Performance Tesla Model 3s captured on July 10, 2018 at the Fremont factory [Credit: RS Metrics via Twitter]

Tesla

Tesla, being a publicly-traded company, offered few secrets in its waiver request. However, it did publicize the best overview yet of what exactly the SEC’s demand for the regulation of Elon Musk’s Tesla-material communications might translate to inside the company. According to Tesla’s legal representatives, the company is arranging the creation of “new, permanent committee…of independent directors only [that] will provide an additional check on the procedures and processes for overseeing Mr. Musk’s Tesla-related public statements.” Tesla will also reportedly task “another experienced securities lawyer…to undertake an enhanced review of communications made through Twitter and other social media by the [sic] Tesla’s senior officers.”

The hope is that this new arrangement will prevent a recurrence of the misconduct that led to the SEC’s suit and the subsequent settlement. More likely, however, is that the threat of the modification or withdrawal of these four waivers will prevent Musk from stepping outside the bounds of the SEC’s binding settlement agreement, as doing so could truly harm the potential of all four companies.

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Building giant rockets and the factories needed for production is no less expensive. (Pauline Acalin)

SpaceX

In SpaceX’s waiver request, the company’s legal representatives confirmed that it has raised “more than $2 billion in [eleven separate] securities offerings” that fell under the purview of activities SpaceX would be disqualified from pursuing without a waiver from the SEC. The total value of investments on the public record currently hovers around $2.27 billion, including a partially-finished Series I round that has likely raised that to value to ~$2.5 billion since it surfaced in April 2018.

“The design and manufacture of launch vehicles and spacecraft is extremely capital intensive. SpaceX needs sufficient [and may need to raise additional] capital to fund its ongoing operations and future expansions, for example: development of its BFR launch vehicle and Crew Dragon spacecraft, continuing research and development projects, and making investments in tooling and manufacturing”

The Boring Company & Neuralink

As for TBC and Neuralink, the waivers didn’t offer anything unexpected, although they did provide great, brief overviews of what exactly the two companies are currently working towards. Although it was announced in late 2017 that Musk would sell stock to fund initial operations at TBC and Neuralink, both companies’ legal representatives confirmed the exact amount of funding raised by “Musk and various other third-party investors”: $112.5 million and $100.2 million, respectively.

Both expressly confirmed no intentions to pursue initial public offerings (IPOs) anytime soon, although Neuralink’s waiver indicated that it may invest in or acquire other companies pursuing brain-computer interfaces.

 

The Boring Company

“The Boring Company (TBC) is a fast-growing infrastructure and transportation company focused on developing cost effective, and fast tunneling technology, along with electric mass transportation systems to alleviate the massive problem of traffic and congestion within cities. The research, development, design, manufacture, testing, and construction of tunnels and mass transit systems is a capital intensive business. TBC needs sufficient capital to fund its ongoing operations and future expansions, for example: continued development and improvement of Tunnel Boring Machines (“TBMs”) and electric skates, the construction of mass transit tunnels including publicly announced projects in Chicago, Los Angeles, and Washington D.C..”

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Neuralink

“Neuralink is a fast-growing bio-technology and medical device company focused on developing high bandwidth, long term, brain computer interfaces (“BCI”). The research, development, design, manufacture, testing, and certification of medical devices and BCI’s is purely capital intensive business requiting deep investment for years prior to any initial revenue. Neuralink needs sufficient capital to fund its ongoing operations and eventually bringing products to marked, for example: continued development of BCI’s, continued testing of implantable devices, financing of multi-year FDA trials and certifications, and the construction of FDA-approved manufacturing facilities. Neuralink will need to raise capital for these operations and expansions, and given the development stage of the company, it is most likely that such financing will be through private securities offerings in reliance on Rule 506 of Regulation D.”

Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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These Tesla, X, and xAI engineers were just poached by OpenAI

The news is the latest in an ongoing feud between Elon Musk and the Sam Altman-run firm OpenAI.

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Credit: OpenAI | YouTube

OpenAI, the xAI competitor for which Elon Musk previously served as a boardmember and helped to co-found, has reportedly poached high-level engineers from Tesla, along with others from xAI, X, and still others.

On Tuesday, Wired reported that OpenAI hired four high-level engineers from Tesla, xAI, and X, as seen in an internal Slack message sent by co-founder Greg Brockman. The engineers include Tesla Vice President of Software Engineering David Lau, X and xAI’s head of infrastructure engineering Uday Ruddarraju, and fellow xAI infrastructure engineer Mike Dalton. The hiring spree also included Angela Fan, an AI researcher from Meta.

“We’re excited to welcome these new members to our scaling team,” said Hannah Wong, an OpenAI spokesperson. “Our approach is to continue building and bringing together world-class infrastructure, research, and product teams to accelerate our mission and deliver the benefits of AI to hundreds of millions of people.”

Lau has been in his position as Tesla’s VP of Software Engineering since 2017, after previously working for the company’s firmware, platforms, and system integration divisions.

“It has become incredibly clear to me that accelerating progress towards safe, well-aligned artificial general intelligence is the most rewarding mission I could imagine for the next chapter of my career,” Lau said in a statement to Wired.

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READ MORE ON OPENAI: Elon Musk’s OpenAI lawsuit clears hurdle as trial looms

At xAI, Ruddarraju and Dalton both played a large role in developing the Colossus supercomputer, which is comprised of over 200,000 GPUs. One of the major ongoing projects at OpenAI is the company’s Stargate program,

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“Infrastructure is where research meets reality, and OpenAI has already demonstrated this successfully,” Ruddarraju told Wired in another statement. “Stargate, in particular, is an infrastructure moonshot that perfectly matches the ambitious, systems-level challenges I love taking on.”

Elon Musk is currently in the process of suing OpenAI for shifting toward a for-profit model, as well as for accepting an investment of billions of dollars from Microsoft. OpenAI retaliated with a counterlawsuit, in which it alleges that Musk is interfering with the company’s business and engaging in unfair competition practices.

Elon Musk confirms Grok 4 launch on July 9 with livestream event

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SpaceX share sale expected to back $400 billion valuation

The new SpaceX valuation would represent yet another record-high as far as privately-held companies in the U.S. go.

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A new report this week suggests that Elon Musk-led rocket company SpaceX is considering an insider share sale that would value the company at $400 billion.

SpaceX is set to launch a primary fundraising round and sell a small number of new shares to investors, according to the report from Bloomberg, which cited people familiar with the matter who asked to remain anonymous due to the information not yet being public. Additionally, the company would sell shares from employees and early investors in a follow-up round, while the primary round would determine the price for the secondary round.

The valuation would represent the largest in history from a privately-owned company in the U.S., surpassing SpaceX’s previous record of $350 billion after a share buyback in December. Rivaling company valuations include ByteDance, the parent company of TikTok, as well as OpenAI.

Bloomberg went on to say that a SpaceX representative didn’t respond to a request for comment at the time of publishing. The publication also notes that the details of such a deal could still change, especially depending on interest from the insider sellers and share buyers.

READ MORE ON SPACEX: SpaceX to decommission Dragon spacecraft in response to Pres. Trump war of words with Elon Musk

SpaceX’s valuation comes from a few different key factors, especially including the continued expansion of the company’s Starlink satellite internet company. According to the report, Starlink accounts for over half of the company’s yearly revenue. Meanwhile, the company produced its 10 millionth Starlink kit last month.

The company also continues to develop its Starship reusable rocket program, despite the company experiencing an explosion of the rocket on the test stand in Texas last month.

The company has also launched payloads for a number of companies and government contracts. In recent weeks, SpaceX launched Axiom’s Ax-4 mission, sending four astronauts to the International Space Station (ISS) for a 14-day stay to work on around 60 scientific experiments. The mission was launched using the SpaceX Falcon 9 rocket and a new Crew Dragon capsule, while the research is expected to span a range of fields including biology, material and physical sciences, and demonstrations of specialized technology.

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SpaceX secures FAA approval for 25 annual Starship launches

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Tesla Giga Texas continues to pile up with Cybercab castings

Tesla sure is gathering a lot of Cybercab components around the Giga Texas complex.

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Credit: @JoeTegtmeyer/X

Tesla may be extremely tight-lipped about the new affordable models that it was expected to start producing in the first half of the year, but the company sure is gathering a lot of Cybercab castings around the Giga Texas complex. This is, at least, as per recent images taken of the facility. 

Cybercab castings galore

As per longtime drone operator Joe Tegtmeyer, who has been chronicling the developments around the Giga Texas complex for several years now, the electric vehicle maker seems to be gathering hundreds of Cybercab castings around the factory. 

Based on observations from industry watchers, the drone operator appears to have captured images of about 180 front and 180 rear Cybercab castings in his recent photos.

Considering the number of castings that were spotted around Giga Texas, it would appear that Tesla may indeed be preparing for the vehicle’s start of trial production sometime later this year. Interestingly enough, large numbers of Cybercab castings have been spotted around the Giga Texas complex in the past few months.

Cybercab production

The Cybercab is expected to be Tesla’s first vehicle that will adopt the company’s “unboxed” process. As per Tesla’s previous update letters, volume production of the Cybercab should start in 2026. So far, prototypes of the Cybercab have been spotted testing around Giga Texas, and expectations are high that the vehicle’s initial trial production should start this year. 

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With the start of Tesla’s dedicated Robotaxi service around Austin, it might only be a matter of time before the Cybercab starts being tested on public roads as well. When this happens, it would be very difficult to deny the fact that Tesla really does have a safe, working autonomous driving system, and it has the perfect vehicle for it, too.

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