Law Office of Brodsky & Smith, LLC Announces Investigation of ev3, Inc.
01 Giugno 2010 - 6:35PM
Business Wire
Law office of Brodsky & Smith, LLC announces that it is
investigating potential claims against the Board of Directors of
ev3, Inc. (“ev3” or the “Company”) (Nasdaq: EVVV) relating to the
proposed acquisition of ev3 by Covidien PLC (“Covidien”) (NYSE:
COV). Under the terms of the agreement, ev3 shareholders would
receive cash consideration of $22.50 for each share of ev3 common
stock they own.
The investigation concerns possible breaches of fiduciary duty
and other violations of state law related to the ev3 board’s
approval of the proposed transaction. The transaction appears to be
unfair, in part, given that at least one analyst has set a price
target of $27.00 on ev3. In addition, the merger agreement provides
for a “Top-Up Option” granting Covidien, under certain
circumstances, the right to purchase newly issued shares of ev3,
which may allow the merger to be completed without a meeting of ev3
stockholders. The merger agreement contains an $83,650,522
termination fee and restricts ev3 from soliciting or initiating
discussions with third parties regarding proposals to acquire ev3.
Thereby, making it less likely additional offers will be
forthcoming.
If you own shares of ev3 and wish to discuss the legal
ramifications of the proposed transaction, or have any questions,
you may e-mail or call the law office of Brodsky & Smith, LLC
who will, without obligation or cost to you, attempt to answer your
questions. You may contact Jason L. Brodsky, Esquire or Evan J.
Smith, Esquire at Brodsky & Smith, LLC, Two Bala Plaza, Suite
602, Bala Cynwyd, PA 19004, by e-mail at
investorrelations@brodsky-smith.com, or by calling toll free
877-LEGAL-90.
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