Commercial litigation is entirely about pragmatism.
If twitter won and was in the position to compel performance, is that even in the best interest of the company? To force it upon an unwilling owner would be the best way to destroy it in very short order as they desperately attempt to recoup their costs.
Far more sensible, with an enforceable order in hand, to come up with a negotiated settlement. Far easier, as well, with a nuclear option.
It doesn't need to be in the best interests of the company, it needs to be in n the best interests of the shareholders. If the company dies once Elon owns it, it sucks for the employees and Elon, but not the all important shareholders.
In this point, it is the interest of the CEO, board and shareholders to collect a fat check and let Mr Musk burn down with Twitter. It’s Musk’s problem what to do with an unwilling owner issues.
What fat check is the CEO and board getting? They own virtually no shares, so it wouldn't be from Musk. And if a reluctant owner takes charge, they aren't writing a fat check or shaking on a golden parachute. The lot of them can only expect to be immediately terminated, but knowing Musk, he would likely take legal action against them and do his best to make them unhirable... so they would likely bail during legal proceedings.
If twitter won and was in the position to compel performance, is that even in the best interest of the company? To force it upon an unwilling owner would be the best way to destroy it in very short order as they desperately attempt to recoup their costs.
Far more sensible, with an enforceable order in hand, to come up with a negotiated settlement. Far easier, as well, with a nuclear option.