Investigation Overview
March 30, 2015 (Shareholders Foundation) - An investigation on behalf of investors, who currently hold shares of Auspex Pharmaceuticals Inc (NASDAQ:ASPX), was announced concerning whether the takeover of Auspex Pharmaceuticals Inc by Teva Pharmaceutical Industries Ltd for $105.00 per share is unfair to NASDAQ:ASPX stockholders.
The investigation by a law firm concerns whether certain officers and directors of Auspex Pharmaceuticals Inc breached their fiduciary duties owed to NASDAQ:ASPX investors in connection with the proposed acquisition.
On March 30, 2015, Teva Pharmaceutical Industries Ltd. and Auspex Pharmaceuticals Inc (NASDAQ:ASPX) announced that they have entered into a merger agreement under which Teva Pharmaceutical Industries Ltd will commence a tender offer for all of the outstanding shares of Auspex Pharmaceuticals Inc (NASDAQ:ASPX) at $101.00 per share in cash, representing total consideration of approximately $3.2 billion in enterprise value and approximately $3.5 billion in equity value.
However, given that at least one analyst has set the high target price for NASDAQ:ASPX shares at $105.00 per share, the investigation concerns whether the offer is unfair to NASDAQ:ASPX stockholders. In addition, given that certain shareholders of Auspex have already entered into agreements indicating their support for the transaction,, the investigation concerns whether the Auspex Pharmaceuticals Board of Directors undertook an adequate sales process, adequately shopped the company before entering into the transaction, maximized shareholder value by negotiating the best price, and acted in the shareholders' best interests in connection with the proposed sale.