The change in the transaction agreement came after Musk tweeted on February 19 that Tesla would make “about” 500,000 Model 3s this year. This seemed to conflict with the company`s official guidelines to deliver a total of 360,000 to 400,000 cars in 2019 – including Model S and Model X – since Tesla typically supplies almost all the cars it manufactures. (However, last week, the company said it expected it to be able to settle for more inventories in 2019, with production being “significantly higher” than production.) Musk vigorously stated that he had not violated the agreement. A revised agreement between Mr. Musk and the Securities and Exchange Commission, filed Friday in federal court in Manhattan, specifies when Mr. Musk must obtain “prior authorization from an experienced securities lawyer” employed by Tesla before posting on Twitter or other social media. Tesla shares rose 1.4 percent after the deal was announced at 238.50 $US after the deal revealed that lifted a cloud over Musk, while Tesla tried to boost production of its main vehicle, the Model 3 sedan, while making a profit. The SEC will have the first opportunity to speak since it has filed the application. Musk`s lawyers will then make their case and the SEC will likely respond, because the burden of proof rests with the agency to show that Musk violated his agreement, Latham said. The new agreement, which is the subject of a motion in federal court in Manhattan, specifies the types of statements to be considered. The new agreement, presented on Friday, addresses this blur by listing the types of declarations to be verified.
These include a statement on Tesla`s financial position, planned or potential transactions, production figures, performance forecasts, financing or credit agreements, and Musk`s own securities transactions. Both sides filed last Friday to amend last year`s agreement on the “secure financing” debacle, which originally led the SEC to install oversight of Musk`s tweets. U.S. District Court Judge Alison Nathan, who led the case, accepted the amendment from Friday to April 30. The agreement was amended after Manhattan District Court Judge Alison J. Nathan said at a hearing this month that the original agreement, which was approved in October, had a “lack of clarity.” The head of Tesla and the Securities and Exchange Commission presented an updated settlement agreement late Friday in which Musk can tweet after authorization, unless it is certain events or financial milestones. In these cases, Musk must obtain prior authorization from a securities lawyer, in accordance with the agreement filed in federal court in Manhattan. In a March 11 response, Musk`s lawyers said musk did not violate the deal and argued that the SEC was exceeding the limits of its agreement.