Investigation Overview
San Diego, Nov. 01, 2011 (Shareholders Foundation) -- The announcement that interCLICK Inc agreed to be acquired by Yahoo! Inc prompted an investigation on behalf of investors of interCLICK Inc (NASDAQ: ICLK) concerning whether the offer to acquire interCLICK and the buyout process are unfair to investors of interCLICK (ICLK) and whether certain of its officers and directors or others breach their fiduciary duties owed investors in NASDAQ:ICLK shares.
The investigation by a law firm concerns whether interCLICK Inc , certain of its officers and directors, and/or others breached their fiduciary duties owed interCLICK (NASDAQ:ICLK) investors in connection with the proposed acquisition.
On Tuesday, Nov. 1, 2011, interclick, inc. (NASDAQ: ICLK) and Yahoo! Inc. (NASDAQ: YHOO) announced an agreement for Yahoo! to acquire interclick.
Under the terms of the proposed transaction, Yahoo! will commence an all cash tender offer for all outstanding shares of common stock of interclick at $9.00 per share.
Following the takeover proposal NASDAQ: ICLK shares jumped from $7.40 on October 31, 2011 to $8.96 on Nov. 1, 2011.
However, NASDAQ: ICLK stocks traded as early as July 5th as high as $8.90 per share, leaving certain ICLK stockholders with only a negligible premium. In fact, at least one analyst has set a high target price at $10 per share, thus well above the current offer.
Therefore, the investigation concerns whether the interCLICK Board of Directors undertook an adequate sales process and in particular breached their fiduciary duties to interCLICK Inc (NASDAQ:ICLK) shareholders by failing to adequately shop the Company before entering into this transaction. Furthermore the investigation concerns on whether Yahoo! Inc would underpay for NASDAQ:ICLK shares, thus unlawfully harming interCLICK (ICLK) stockholders.
In addition to the analysts high target price and its recent stock trading price in July interCLICK has performed exceptionally well for its investors. Its annual Revenue rose from $6.65million in 07 to $101.20million in 2010. Its second quarter Revenue rose from $21.66million last year to $29.03million this year. Additionally interCLICK Inc was able to pull out of a Net Loss of $3.23million for 07, respectively $12.03million and report a Net Income of $4.08million in 2010.
A potential securities class action lawsuit would seek to maximize the amount of money and information NASDAQ ICLK shareholders would receive in a buyout, so the law firm.