Lawsuit Overview
March 26, 2018 - The case was voluntarily dismissed.
January 5, 2018 - An investor, who currently holds shares of Amplify Snack Brands Inc (NYSE:BETR), filed a lawsuit in effort to halt the proposed takeover of Amplify Snack Brands Inc. by the Hershey Company for $12.00 per share.
The plaintiff alleges that the defendants breached their fiduciary duties owed to NYSE:BETR stockholders by agreeing to sell Amplify Snack Brands Inc nc cheaply via an unfair process to the Hershey Company.
Austin, TX based Amplify Snack Brands, Inc. is a snack food company focused on developing and marketing products that appeal to consumers' growing preference for better-for-you (BFY) snacks. On December 18, 2017, the Hershey Company (NYSE:HSY) and Amplify Snack Brands, Inc. (NYSE:BETR) announced that they have entered into an agreement under which Hershey will acquire all outstanding shares of Amplify for $12.00 per share in cash.
However, plaintiff claims that the proposed consideration NYSE:BETR shareholders will receive is grossly inadequate and undervalues Amplify Snack Brands. Amplify Snack Brands Inc reported that its annual Total Revenue rose from $183.91 million in 2015 to $270.81 million in 2016 and that its respective Net Income increased from $9.88 million in 2015 to $27.29 million in 2016. Shares of Amplify Snack Brands Inc (NYSE:BETR) reached in 2016 as high as $16.95 per share. In addition, the plaintiff alleges that the process is also unfair NYSE:BETR stockholders.