Elon Musk says he was involved in SolarCity discussions prior to Tesla merger
LA Times“I could not be recused from all discussions. Tesla Inc. Chief Executive Elon Musk said he was involved in some discussions about the $2.6-billion acquisition of SolarCity in 2016, though he recused himself from a board vote approving the initial offer. The shareholders claim in the 3-year-old lawsuit that SolarCity was basically insolvent when the companies publicly announced plans to merge in June 2016 and was not worth the price ultimately negotiated by Tesla’s “conflicted fiduciaries.” They say they’ll prove that at trial. Tesla’s board first heard about Musk’s proposal to buy SolarCity at an emergency board meeting in late February 2016. It’s ironic.” The lawyers for Tesla’s board said that an independent financial advisor, Evercore, presented a detailed evaluation of four potential solar acquisition targets — SolarCity, Vivint Solar Inc., Sunrun Inc. and SunPower Corp. — but concluded that “SolarCity is the most attractive asset for Tesla in the solar market.” Attorneys for the board also stressed that Robyn Denholm, then an independent director and now Tesla’s chairman, spent hundreds of hours on due diligence and took an active role in discussing the deal with investors such as T. Rowe Price and Vanguard.