JPMorgan sues Tesla for US$162 million over unpaid warrants after Elon Musk’s erratic tweets caught bank flat-footed

Tesla sold warrants to JPMorgan that would pay off if their ‘strike price’ were below Tesla’s share price upon the warrants’ expiration in June and July 2021

Tesla’s stock soared nearly 10-fold by the time the warrants expired, requiring Tesla to deliver shares of its stock or cash, JPMorgan said

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Tesla’s chief executive Elon Musk. Photo: Getty Images/TNS

Published: 4:10pm, 16 Nov 2021Updated: 4:24pm, 16 Nov 2021

JPMorgan Chase on Monday sued Tesla for US$162.2 million, accusing Elon Musk’s electric car company of “flagrantly” breaching a contract related to stock warrants after its share price soared.

According to the complaint filed in Manhattan federal court, Tesla in 2014 sold warrants to JPMorgan that would pay off if their “strike price” were below Tesla’s share price upon the warrants’ expiration in June and July 2021.

JPMorgan, which said it had authority to adjust the strike price, said it substantially reduced the strike price after Musk’s August 7, 2018, tweet that he might take Tesla private at US$420 per share and had “funding secured”, and reversed some of the reduction when Musk abandoned the idea 17 days later.

But Tesla’s share price rose around 10-fold by the time the warrants expired, and JPMorgan said this required Tesla under its contract to deliver shares of its stock or cash. The bank said Tesla’s failure to do that amounted to a default.

“Though JPMorgan’s adjustments were appropriate and contractually required,” the complaint said, “Tesla has flagrantly ignored its clear contractual obligation to pay JPMorgan in full.”

Tesla did not immediately respond to requests for comment after market hours.