OAI's fiduciary duty is to their charitable mission. If selling to Elon for $97b jeopardizes the mission, then so would selling to preferred investors for $40b (as they would in turn face immense pressure by shareholders to realize an instant $57b gain by reselling to Musk!)
That's what this whole thing is about. Musk's offer will probably not be accepted, and he knows it. The purpose is to throw a wrench in OAI's plan to sell to insiders at a heavy discount, possibly making it impossible for the nonprofit to become a for-profit.
If this offer forces the preferred investments to cough up an extra $60b for the nonprofit, that's fantastic for the nonprofit mission.
That's what this whole thing is about. Musk's offer will probably not be accepted, and he knows it. The purpose is to throw a wrench in OAI's plan to sell to insiders at a heavy discount, possibly making it impossible for the nonprofit to become a for-profit.
If this offer forces the preferred investments to cough up an extra $60b for the nonprofit, that's fantastic for the nonprofit mission.