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Elon Musk’s ‘funding secured’ Tweet draws skeptical reaction from judge in hearing

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Elon Musk’s 2018 Twitter post that implied he had secured funding from Saudi Arabia’s sovereign wealth fund to take Tesla shares private at $420 per share drew a skeptical reaction from a United States District Court Judge on Thursday.

During a court hearing on March 10, U.S. District Judge Edward Chen was skeptical of whether the Tweet was actually true based on Musk’s assertions that funding was secured to take Tesla private at $420 per share. “It seems to me it’s not factually very complicated,” Judge Chen said, according to a new report from Bloomberg. In fact, “funding had not been secured,” he added.

Tesla and Musk could now be headed to court for a legal battle with shareholders who claim they lost billions of dollars when shares declined after the CEO said he was considering taking the company’s shares private.

Now, lawyers on both sides are fighting to prove whether the statement was “indisputably false,” as the shareholder’s attorneys state, or if it was “entirely truthful,” like Musk’s lawyers, including Alex Spiro, said.

Bloomberg adds that Judge Chen is being asked by investors to decide a couple of key legal issues on his own without the help of a jury. If Chen obliges with their requests, the trial would focus only on Musk’s Tweets and how they directly contributed to losses they assumed. Shareholder attorneys will have to prove that the losses came directly as a result of Musk’s communications, which were required to be regulated following a 2018 SEC settlement.

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Earlier this week, Musk said, “I never lied to shareholders,” regarding the decree he agreed to in 2018. “I entered into the consent decree for the survival of Tesla, for the sake of its shareholders.”

Spiro, who has represented Musk in several cases, said he the overanalysis of the CEO’s Tweets could be an issue. “I do worry about dissecting it too much,” Sprio said to Judge Chen. Additionally, Spiro says that Tesla’s track record of accumulating investors and funding was never an issue. “None of Mr. Musk’s deals have ever had a funding issue.” Spiro added that investors may have interpreted the Tweet to mean “Elon might be making a bid to take it private.”

This claim was countered by Nicholas Porritt, the shareholders’ attorney, who said Musk’s use of the word secured is pretty clear. “Secured means it’s in the bag, it’s locked and loaded.” Porritt added that Musk never spoke to additional investors, and the Saudi fund was only going to take a small stake in the transaction. “The whole thing was so tentative, so pie in the sky at this point in time, that he never had an idea of how much money,” he said.

Judge Chen seemed to side with Porritt’s idea, as no conditions, pricing, or additional details that would make the deal concrete were finalized. “It seemed quite preliminary,” Judge Chen said, adding that he’d issue a final ruling at a later date.

I’d love to hear from you! If you have any comments, concerns, or questions, please email me at joey@teslarati.com. You can also reach me on Twitter @KlenderJoey, or if you have news tips, you can email us at tips@teslarati.com.

Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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Investor's Corner

Tesla has one big financial question to answer for investors: Morgan Stanley

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Credit: Tesla

In a new note to investors on Tuesday, Morgan Stanley analyst Andrew Percoco said that Tesla has one big financial question to answer for investors regarding its Robotaxi rollout, Full Self-Driving software, and Optimus.

Percoco said in the note that, for the most part, investors are still very positive about the direction the company is headed. However, there are some things the firm would like to see, and they have to do with financials.

Tesla (TSLA) Q2 2026 earnings results: miss on EPS, beat on revenue

Tesla bulls are more than convinced that the company’s Full Self-Driving software is proof it can develop physical AI. Financially, however, there are still some questions, especially on elevated spending, which CEO Elon Musk said would occur as the company works to roll out Robotaxi faster and continue developing its Optimus robot.

The latter two are where Tesla will have to prove progress to investors, as Percoco writes that both projects “will require clearer evidence that Robotaxi is scaling and more tangible Optimus proof points to support the ROI on elevated capex.”

Percoco said the second quarter earnings call did not change his long-term thesis of where Tesla is positioned in the AI race, which is out in front. However, there are concerns that weaker gross margins and higher R&D spend will stress financials, and that has “sharpened our (and investors’) focus on measurable progress across Robotaxi and Optimus.”

Additionally, Robotaxi still needs to be proven with more operation in existing cities while maintaining safety but improving how many rides it gives in any given time, he said. For Optimus, Percoco wrote that he is “still looking for evidence beyond commentary around SOP.”

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Morgan Stanley put Percoco in charge of covering Tesla after long-time analyst Adam Jonas transitioned to the automotive side.

Currently, Morgan Stanley has a $415 price target on Tesla and a ‘Hold’ rating on the stock. It is trading at around $330 at the time of publication, which was 2:30 P.M. on the East Coast.

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Investor's Corner

SpaceX AI investment gamble will make it a big winner, firm says

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Credit: SpaceX

SpaceX’s massive investment in AI will make it a big winner, Argus Research said after the company’s successful earnings call last week.

The firm also upgraded shares to a Buy from Hold and set a $160 price target.

SpaceX (NASDAQ: SPCX) is currently recovering from its heavy AI infrastructure investments, as it spent nearly $16 billion in Q2 alone. The company did this primarily by monetizing high-demand GPU compute capacity at a much faster pace than traditional data center economics would suggest.

Company CFO Bret Johnsen said that SpaceX would be able to pay back anything on new deployments within a year.

There are plenty of ways the company can do this:

Leasing excess compute capacity through contracts

SpaceX has already built Colossus and Colossus II, largely for its own model training. However, much of that capacity is already rented out to third parties. It already has major deals with Anthropic, Google, and Reflection AI. These partnerships are adding billions per month to SpaceX’s spreadsheet.

SpaceX is charging Anthropic massive money for its compute

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High utilization driven by industry-wide scarcity

The demand for advanced AI training and inference capacity continues to exceed what is available for use. SpaceX can fill new racks quickly after they come online, so the capital deployed converts into revenue with minimal idle time.

Additionally, management and outside observers have described the new compute capital as behaving more like a cost-of-goods-sold than traditional multi-year capex, especially because of this rapid monetization pattern.

Capacity has already scaled from ~0.4 GW a year to 1.4 GW annually by the end of Q2. There are targets of more than 2 GW by year-end.

High incremental margins on the rental business once capacity is online

GPU cloud providers often operate at strong gross margins. SpaceX can monetize capacity that was already partially built or can be added efficiently. This means that incremental EBITDA margins on the rental revenue are usually high. This accelerates cash recovery relative to the gross capital outlay.

Parallel monetization of its own AI software and applications

Beyond pure infrastructure rental, SpaceX also generates revenue from Grok through subscriptions and usage, from X through ads, data, and other related services, enterprise APIs, and the planned integration of the Cursor coding tools acquisition.

These application layers ride on the same compute infrastructure and provide additional high-margin streams that could offset build-out costs. AI-segment revenue overall rose sharply to about $2.6 billion in Q2, according to Motley Fool. This was driven primarily by the infrastructure contracts, but the software side is also partially responsible.

Efficient, large-scale deployment and vertical integration advantages

SpaceX has emphasized the rapid construction of power and cooling infrastructure and favorable cost-per-megawatt economics relative to industry benchmarks in some disclosures.

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Combined with its ability to scale capacity aggressively and the fact that many contracts start generating revenue within months of capacity coming online, the effective payback compresses dramatically compared with more conventional multi-year data-center projects.

SpaceX’s dominant near-term recovery path will turn the AI clusters into a hyperscale-style compute rental business for other leading AI companies while still using a portion for internal models.

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Tesla headlights cause recall of over 20,000 Model 3 and Model Y

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Tesla headlights have caused a recall of over 20,000 of the company’s two most popular vehicles, the Model 3 and Model Y, due to the low-beam bulb exceeding the maximum allowed intensity according to federal standards.

Tesla initiated the recall with the National Highway Traffic Safety Administration (NHTSA) this morning, stating that the low-beam output “exceeds the maximum allowed intensity in the outer upper-right and outer upper-left areas of the 10U and 90U zone, as prescribed in FMVSS No. 108.”

Tesla sourced the impacted headlights from Marelli Automotive Lighting, a Mexico-based company. The recall impacts 2020-2023 Model Y vehicles and 2017-2023 Model 3 vehicles. It is estimated that every VIN in this recall is impacted by the defect.

Typically, Tesla would remedy recalls of this nature through an Over-the-Air software update, which has been a major focus of criticism by the company and its supporters because the NHTSA still refers to it as a “recall,” even though it requires no action by the vehicle owner. The fix is shipped over the internet and downloaded to the car.

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However, there appears to be a potentially different solution for this problem. Tesla has not developed a remedy for this issue, so it could potentially be on the way. The big issue appears to be the fact that these recalled lamps are out of production, and this is an old body style for both vehicles. The headlights and front-end designs are completely different.

Tesla switched to another supplier when the affected headlight design was discontinued. It plans to begin notifying owners of their remedy options by September 15.

Tesla filed a petition protesting the recall to fix the vehicles’ headlight issue, but the NHTSA denied it. Now, Tesla will come up with a solution to fix it.

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