October 24, 2013 (Shareholders Foundation) - An investigation on behalf of investors, who currently hold shares of Cole Real Estate Investments Inc (NYSE:COLE) shares, was announced concerning whether the takeover of Cole Real Estate Investments Inc by American Realty Capital Properties is unfair to NYSE:COLE stockholders.

The investigation by a law firm concerns whether certain officers and directors of Cole Real Estate Investments Inc breached their fiduciary duties owed to NYSE:COLE investors in connection with the proposed acquisition.

On October 23, 2013, American Realty Capital Properties, Inc. (NASDAQ: ARCP) and Cole Real Estate Investments Inc announced that they have signed an agreement to merge the two companies. The transaction is valued at $11.2 billion. Under the terms of the Merger Agreement, Cole Real Estate Investments Inc will merge with and into a wholly owned subsidiary of American Realty Capital Properties, Inc. Cole Real Estate Investments Inc stockholders may elect to receive 1.0929 shares of American Realty Capital Properties, Inc common stock (reflecting a fixed exchange ratio) or $13.82 cash for each share of Cole Real Estate Investments Inc common stock. In the event elections for payment in cash exceed 20% of Cole Real Estate Investments Inc's outstanding shares, such elections would be prorated American Realty Capital Properties, Incs offer is valued at $14.59 per Cole Real Estate Investments Inc common share based on the fixed exchange ratio of 1.0929 and American Realty Capital Properties, Inc's closing price of $13.35 on October 22, 2013.

However, given that at least one analyst has set the high target price for NYSE:COLE shares at $15.0 per share, the investigation concerns whether the current offer is unfair to NYSE:COLE stockholders.

More specifically, the investigation concerns whether the Cole Real Estate Investments 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. Furthermore,

Cole Real Estate Investments Inc reported that its annual Total Revenue rose from $22.60 million in 2009 to $471.33 million in 2012, and that its Net Loss of $7.82 million in 2009 turned into a Net income of $203.34 million in 2012.

Shares of Cole Real Estate Investments Inc grew from $10.80 per share in June 2013 to $13.03 per share on Oct. 21, 2013.

On Oct. 23, 2013, NYSE:COLE shares traded as high as $14.68 per share and closed at $13.95 per share.