Brower Piven Announces Class Action Lawsuit in Connection With the Acquisition of Del Monte Foods Company by Kohlberg Kravis Rob
February 16 2011 - 5:47PM
Marketwired
The law firm of Brower Piven, A Professional Corporation, announces
that a class action lawsuit has been commenced in the United States
District Court for the Northern District of California on behalf of
all shareholders of Del Monte Foods Company ("Del Monte") (NYSE:
DLM).
The complaint alleges violations of Section 14(a) of the
Securities Exchange Act of 1934 and Rule 14a-9 promulgated
thereunder, as well as state law violations by the Board of
Directors of Del Monte relating to the proposed acquisition of the
company by an investor group led by funds affiliated with Kohlberg
Kravis Roberts & Co. L.P., Vestar Capital Partners and
Centerview Partners (collectively the "Buyout Group").
On November 25, 2010, the complaint states, Del Monte announced
that it entered into a merger agreement for it to be acquired by
the Buyout Group in a transaction valued at approximately $5.3
billion, including the assumption of approximately $1.3 billion in
net debt. The complaint alleges that under the terms of the
agreement, Del Monte shareholders will receive $19 per share in
cash. The complaint alleges that given Del Monte's recent
performance and future prospects, the consideration shareholders
are to receive is inadequate. The complaint states that at least
one Wall Street analyst had a price target of $22.00 per share
before the merger was announced. The complaint also alleges that
the Buyout Group is picking up Del Monte at the most opportune time
when Del Monte is poised for growth and its stock price is trading
at a huge discount to its intrinsic value. The complaint also
alleges that as part of the merger agreement, the Board of Del
Monte agreed to certain deal protection devices to ensure that no
competitive offers will emerge for the company. Additionally, the
complaint alleges that Barclays Capital's fairness opinion is
highly suspect because Barclays Capital, Del Monte's financial
advisor, has material conflicts of interest.
If you are a current owner of shares of Del Monte, you may
obtain additional information about this lawsuit by contacting
Brower Piven at www.browerpiven.com, by email at
hoffman@browerpiven.com, by calling 410/415-6616, or at Brower
Piven, A Professional Corporation, 1925 Old Valley Road, Stevenson,
Maryland 21153. Attorneys at Brower Piven have combined experience
litigating securities and class action cases of over 60 years. If
you choose to retain counsel, you may retain Brower Piven without
financial obligation or cost to you, or you may retain other
counsel of your choice. You need take no action at this time to be
a member of the class.
CONTACT: Charles Piven Brower Piven, A Professional Corporation
Stevenson, Maryland 410/415-6616 Email Contact
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