Lawsuit Overview
May 16, 2014 (Shareholders Foundation) - An investor, who currently holds shares of Cbeyond, Inc. (NASDAQ:CBEY) filed a lawsuit in effort to halt the takeover of Cbeyond, Inc. by Birch Communications, Inc.
The plaintiff alleges that the defendants breached their fiduciary duties owed to NASDAQ:CBEY stockholders by agreeing to sell Cbeyond, Inc. too cheaply via an unfair process to Birch Communications, Inc.
On April 21, 2014, Birch Communications, Inc. and Cbeyond, Inc. jointly announced that they have entered into an agreement under which Birch will acquire Cbeyond in an all-cash transaction valued at approximately $323 million. Cbeyond stockholders will receive between $9.97 and $10.00 per share in cash. The exact amount will be determined based on stock transactions relating to previously granted stock awards to employees that occur after execution of the definitive agreement.
However, the plaintiff claims that the offer is too low and undervalues Cbeyond, Inc.
On May 16, 2014, NASDAQ:CBEY closed at $9.93 per share.