Musk is asking a Delaware court to stop the upcoming trial after his lawyers said that the social media company wouldn't accept his $44 billion offer.

Musk made a renewed offer to take over the social media platform earlier this week, hoping to end a lengthy legal dispute that began when he tried to back out of a deal to take the company private.

Messages for comment were not immediately responded to by representatives for the social networking site.

The two sides are still scheduled to go to trial in October over Musk's earlier attempts to end the deal. The judge presiding over the case said on Wednesday that she would press on with the trial because neither side had stopped it.

The trial should be adjourned so that Musk can get the financing.

A court filing signed by Musk's lawyer said that the social network wouldn't accept an answer. They have insisted on going ahead with the litigation, recklessly putting the deal at risk and gambling with their stockholders interests.

It is unlikely that San Francisco-based company will walk away from the agreement since they sued Musk to force him to complete the purchase after he tried to back out.

It is likely that Musk is serious and won't walk away again.

It is absolutely right not to take a yes for an answer, and everyone knows why. In April, they tried that and it didn't work out. He said that Musk's bank transfer would be taken by the social network.

Musk attorneys argued that the trial delay was based on the theoretical possibility that Musk wouldn't come up with the financing.

The financial backers of Musk have indicated that they are prepared to honor their commitments and are working to close the deal by the end of October.

The company's shares fell on Thursday. The stock fell for the second day in a row after Musk made a renewed offer to buy the company.