Investigation Overview
An investigation on behalf of investors, who currently hold shares of Kindred Healthcare, Inc. (NYSE:KND), was announced concerning whether the takeover of Kindred Healthcare, Inc. is unfair to NYSE:KND stockholders.
The investigation by a law firm concerns whether certain officers and directors of Kindred Healthcare, Inc. breached their fiduciary duties owed to NYSE:KND investors in connection with the proposed acquisition.
On Dec. 19, 2017, Kindred Healthcare, Inc. (NYSE:KND) announced that its Board of Directors has approved an agreement under which it will be acquired by a consortium of three companies: TPG Capital (TPG), Welsh, Carson, Anderson & Stowe (WCAS) and Humana Inc. (Humana) (NYSE: HUM) (together, the consortium) for approximately $4.1 billion in cash including the assumption or repayment of net debt.
Under the terms of the agreement, Kindred Healthcare, Inc. (NYSE:KND) stockholders will receive $9.00 in cash for each share of Kindred common stock they hold.
However, given that at least one analyst has set the high price target ofr NYSE:KND shares at $11.00 per share and given that NYSE:KND shares traded in the open market as recently as June 2017 as high as $11.65 per share, the
investigation concerns whether the offer is unfair to NYSE:KND stockholders. More specifically, the investigation concerns whether the Kindred Healthcare 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.
Kindred Healthcare, Inc. reported that its annual Total Revenue rose from over $7.05 billion in 2015 to over $7.21 billion in 2016.
Shares of Kindred Healthcare, Inc. (NYSE:KND) reached in 2014 as high as $26.26 per share.