But, Musk has stated that he wanted to take Twitter private. Doesn't that change the calculations somewhat? I mean, you want to buy all of the shares at once, otherwise, how do you determine the fair market price for the last hold-out shares? They would be worth more that the early sellers.
I guess I'm saying that because he has a stated interest in taking the company private, this is more complicated than a traditional M&A event. (Hence why it may not be worth it to do this as a hostile takeover).
It doesn't have to be fair to you just the majority of the stockholders. True, you can reject the offer as a stockholder but the company's stock will be taken off the exchange once the 50+% stockholder decides the company will no longer be public. So if you want to ever sell you'll have to look for a buyer yourself. Imagine having all your money locked up. Not knowing when, if ever, you'll be able to get your money out. Also, if you try to go to court then you'll have to finance the suit and you'll have to have a valid reason to go to court. And to top it all as a minority stockholder you'll have very little influence over how to run the company. It's easier to sell at the price that's offered.
Such transaction must be put to vote by shareholders and only a majority needs to approve.