that tweet doesn't say it's more than 5%. 5% could be enough to be annoying to the point where Elon wants to solve that. one bot can be spamming thousands of tweets.He not only claimed openly stated Twitter was overrun with bots and spam he claimed one of the reasons he wanted to buy Twitter was to fix the problem. This will be a tough one to explain to the judge.
There are no closing conditions because Elon waived his right to due diligence. Elon's only recourse is proving outright fraud on the part of Twitter, which he's nowhere close to proving.