Investigation Overview
After American Axle & Manufacturing Holdings, Inc. said last Tuesday that its board approved an amended shareholder rights plan, commonly known as poison pill, which usually is enacted to prevent hostile takeover attempts by making an acquisition more expensive, an investigation on behalf of investors of American Axle & Manufact. Holdings, Inc. (NYSE:AXL) over possible breaches of fiduciary duty was announced.
The investigation by a law firm concerns whether certain directors and officers at American Axle & Manufact. Holdings, Inc. (NYSE:AXL) or others breached or will breach their fiduciary duties in connection with a potential takeover and also in the event of a buyout.
On February 8, 2011, American Axle & Manufact. Holdings, Inc. (Public, NYSE:AXL) announced that American Axle & Manufacturing Holdings, Inc. (NYSE: AXL) announced that its Board of Directors has approved an amended and restated rights plan. Among other things, the Amended Rights Plan increases the beneficial ownership threshold at which a person or group becomes an 'Acquiring Person' under the Amended Rights Plan from 4.99% of American Axle & Manufact. Holdings then-outstanding shares of common stock to 15%.
American Axle & Manufact. Holdingsperformance for its shareholders lately improved. While American Axle & Manufact. Holdings 12months Total Revenue decreased from 2007 to 2009, the 12months Total Revenue increased from $1.521billion in 2009 to $2.283billion in 2010. American Axle & Manufact. Holdings was able to get from a Net Loss of $1.224billion in 2008 to a Net Loss of $253.10 in 2009 to lately a Net Income of $115.40million. Shares of American Axle & Manufact. Holdings, Inc. (NYSE:AXL) traded during 2006 as low as $14.81 and increased during 2007 to $30.25 per share. During 2008 AXL shares were able to trade above $20 between the end of January to mid May, then began decreasing and closed 2008 at $2.21 per share. During 2009 AXL shares fell to as low as $0.40 per share in March, but recovered until the end of 09 to $8.02 per share. AXL shares started trading in 2011 at almost $14 per share and increased to $16.16 per share on Jan 18, 2010. AXL shares closed last week trading at $14.73 per share.
Therefore the investigation monitors and concerns whether the American Axle & Manufact. Holdings Board of Directors will undertake an adequate and fair sales process in the event of a takeover to obtain the maximized consideration for all shareholders of American Axle & Manufact. Holdings, Inc. (NYSE:AXL) and will breach their fiduciary duties to American Axle & Manufact. Holdings (AXL) shareholder by failing to adequately shop the Company before entering into any transaction. A potential class action lawsuit would seek to maximize the amount of money and information NYSE AXL shareholders would receive in a buyout, so the law firm.