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Elon Musk’s SEC settlement has cleared a path for Tesla’s record-breaking Q3 results

[Credit: Avron/Twitter]

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For Tesla, the past three months have been filled with incredible milestones and daunting challenges. Since producing 5,000 Model 3 in a week at the end of Q2, the electric car maker has steadily pushed itself out of “production hell” and well into Elon Musk’s self-dubbed “delivery logistics hell.” As the final hours of the third quarter trickle down, Tesla is now on full throttle as it attempts to end Q3 2018 on a historic note.

It has not been easy for Tesla, and particularly its CEO, Elon Musk. It is not difficult to see that Musk’s status as a rockstar CEO has served Tesla well, but at the same time, some of Musk’s personal mistakes have also negatively affected the electric car maker. Earlier this month, for example, Tesla stock took a steep tumble after news of two executive departures were augmented by Musk’s actions during a podcast, which included an instance when he seemingly smoked cannabis. 

Perhaps Musk’s most notable gaffe, though, was a post last August stating that he was considering taking Tesla private at $420 per share, and that he had “funding secured.” The Securities and Exchange Commission (SEC) ultimately filed a lawsuit against Musk over his “funding secured” tweet, claiming that the CEO knowingly misled investors. Musk settled with the SEC this weekend, agreeing to pay a total penalty of $40 million, comprised of a $20 million personal fine and another $20 million fine for Tesla. Part of the settlement also included Musk’s resignation as Chairman of Tesla’s Board of Directors, the appointment of two new independent directors, as well as the creation of a new committee tasked to “place additional controls and procedures to oversee Musk’s communications,” particularly on social media platforms such as Twitter.

While it is unfortunate that Elon Musk must relinquish his post as Chairman of Tesla’s Board of Directors, his settlement with the SEC could ultimately be seen as Musk’s decision to take a personal blow instead of compromising Tesla’s progress. Elon Musk, after all, reportedly rejected the SEC’s initial settlement, and by Friday, it seemed like he was preparing to battle it out with the government agency. This was one of the reasons why the SEC’s announcement on Saturday about Elon Musk’s settlement came as a welcome surprise for the Tesla community.

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Ultimately, Elon Musk appears to have put Tesla before his own wishes to fight back against the SEC. And it wasn’t like he was cornered by the government agency either. Former SEC senior counsel Thomas Gorman, who is also a partner at the law firm Dorsey & Whitney, stated that the agency miscalculated when it filed a lawsuit against Musk. Gorman noted that while Elon Musk’s “funding secured” tweet last August was not smart from a business perspective, the SEC would have a very difficult time proving that the CEO actually committed fraud. Gorman further noted that the Saudi fund’s reported interest in Tesla’s take-private deal would likely be enough to make Musk’s statements legal.

“There’s a reasonable basis for what he said. I’m not questioning their motive. I just disagree with their judgment here,” Gorman said.

Ultimately, Elon Musk’s SEC settlement has now provided a clear path for Tesla to attain a record-breaking third quarter without any unnecessary drama. Elon Musk himself has noted that Tesla’s main challenge now is delivering as many vehicles to reservation holders as quickly as possible. Tesla, for its part, has begun adapting to the delivery challenges. Handovers reportedly go well into the night, home deliveries are being done to a number of reservation holders, and even owners of Tesla vehicles who are willing to volunteer their time have been tapped to help the company in its end-of-quarter push. Tesla’s production and delivery figures this Q3 would likely set new records, and with Elon Musk’s SEC lawsuit in the rearview mirror, there is very little that can come between the electric car maker and even more impressive milestones.

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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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SpaceX Starship Flight 13 aborted at Zero and Musk just told us what broke

Four Raptor engines failed to ignite at T-zero, forcing SpaceX to scrub Starship Flight 13 Thursday.

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SpaceX scrubbed the Starship Flight 13 launch attempt Thursday evening at the last possible moment, after four of the Super Heavy booster’s 33 Raptor 3 engines failed to ignite during the startup sequence. The 90-minute window had opened at 6:45 p.m. EDT from Starbase in Boca Chica, Texas, and the countdown had proceeded without issue all day, with more than 11.5 million pounds of liquid methane and liquid oxygen being fully loaded into the rocket before the automated abort triggered. SpaceX’s launch directors posted on X, “Standing down from today’s flight test attempt,” and shut down the livestream shortly after.

Musk confirmed the root cause within hours. “Some of the engines didn’t start, triggering an automatic launch abort,” he wrote on X. “To be confident of a good flight, 2 Raptors will be removed and replaced. Most probable launch timing is early next week.” SpaceX engineers began draining propellant tanks immediately and Booster 20 was rolled back to its hangar for inspection.

SpaceX comes with a slew of changes for Starship Flight 13

 

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The timing adds a layer of significance that did not exist during any of the previous 12 Starship flights. This is the first time SpaceX has attempted to launch Starship since the company made its stock market debut in June, listing under ticker SPCX at $135 per share. Public investors are now watching every Starship outcome in real time, and a last-second abort carries more visibility than it would have six months ago.

Flight 13 was designed to be one of the most consequential tests in the program’s history. It was set to carry 20 Starlink V3 satellites, the first operational payload Starship has ever attempted to deploy. Six of those satellites carried external cameras to photograph Starship’s heat shield from the outside during flight, which would act as a self-inspection approach SpaceX has never attempted before. The mission also needed to complete a Raptor engine relight in space, a step SpaceX skipped on Flight 12 in May after losing an engine during ascent. That Flight 12 booster also flipped 90 degrees off course during its boostback burn when five engines failed to reignite.

SpaceX has not announced an official next launch date. Musk’s “early next week” window points to July 21 or 22 at the earliest, pending the engine swap and a return to the pad.

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Investor's Corner

Lucid CEO dispels any rumors of bankruptcy: ‘So far from the facts’

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Credit: Lucid

Lucid CEO Silvio Napoli responded to rumors of an imminent bankruptcy that was reportedly being mulled after a report stated the automaker was working with the firm AlixPartners to iron out its next steps.

The company felt a massive loss on Wall Street yesterday, as the report essentially pushed the stock down as much as 55 percent on Tuesday.

The report, published initially by Eletric-Vehicles.com, claimed Lucid was essentially in dire straits and was told by AlixPartners, a commonly used restructuring advisor, to either take shares private or file for Chapter 11 bankruptcy protection.

Lucid denies rumors of bankruptcy after over 40% stock drop

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Lucid’s head of Communications, Nick Twork, immediately challenged the report and stated the company “has sufficient liquidity to carry its operations well into next year.”

Now, the company’s CEO is chiming in as well, stating that the report is “so far from the facts that they require a direct response.”

Napoli said:

“Lucid is not considering bankruptcy or a transaction to take the company private. Those reports are false. The Board did not explore either scenario. Period.

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As disclosed in our most recent quarterly filing, Lucid has sufficient liquidity to fund its operations well into next year.

We work with outside advisors to improve operational performance and execution. They are not advising Lucid on a take-private transaction or bankruptcy, and any suggestion that they have recommended either course of action to management or the Board is false.

My priority is clear: turn this company around. That is where the leadership team and I are focused.

I look forward to providing a full update during our quarterly earnings call on August 4th.”

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It seems pretty clear that Lucid is confident things will be okay, and, to be honest, they should not have much to worry about, especially considering the company has been backed by the Saudi Public Investment Fund (PIF) for years. It has solid financial backing, and its sales, while weak, are pretty much right on par with a company of this age.

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Lucid also sent a Cease & Desist letter to the publication for their report.

Lucid shares have rebounded nicely and are up nearly 21 percent at the time of publication. As soon as the company dispelled the rumors of bankruptcy yesterday, the stock began to climb back toward more reasonable levels.

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Investor's Corner

Lucid denies rumors of bankruptcy after over 40% stock drop

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Credit: Lucid

Electric vehicle maker Lucid Group has denied rumors of an imminent bankruptcy after a report from this morning sent the stock on a dramatic drop on Wall Street, seeing losses of more than 40 percent during trading hours.

Lucid’s Director of Communications, Nick Twork, responded to the report from Eletric-Vehicles.com, which stated the company’s restructuring advisor, AlixPartners, was asked to review two decisions: taking Lucid shares private or filing for Chapter 11 bankruptcy protection.

The report also claims AlixPartners told the Lucid board to “concentrate on Gravity production while improving its quality, and to temporarily hold back the Lucid Air, the sedan that has defined the company since its launch.”

Twork said:

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Shares rebounded after the response to the report, halving its losses as the trading day neared 3 p.m. Eastern.

Lucid has struggled to get its sales off the ground and into more respectable numbers, but the company is in its early years, when things are hard to begin with. It is also backed by several notable investors, including the Saudi Public Investment Fund (PIF), which has nearly limitless money and likely would not ditch an investment of this size so soon.

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Lucid shares were down just 14 percent at the time of publication, a far cry from the 55 percent its losses topped out at during the day.

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