May 13, 2016 (Shareholders Foundation) - An investigation on behalf of investors, who currently hold shares of Krispy Kreme Doughnuts (NYSE:KKD), was announced concerning whether the takeover of Krispy Kreme Doughnuts for $21.00 per share is unfair to NYSE:KKD stockholders.

The investigation by a law firm concerns whether certain officers and directors of Krispy Kreme Doughnuts breached their fiduciary duties owed to NYSE:KKD investors in connection with the proposed acquisition.

On May 9, 2016, Krispy Kreme Doughnuts (NYSE:KKD) and JAB Beech Inc., an indirect controlled subsidiary of JAB Holding Company (JAB) in which BDT Capital Partners is a minority investor alongside JAB, announced that the companies have entered into a definitive merger agreement under which JAB Beech will acquire Krispy Kreme Doughnuts (NYSE:KKD) for $21 per share in cash, or a total equity value of approximately $1.35 billion.

However, given that at least one analyst has set the high target price for NYSE:KKD shares at $24.00 per share and given that after the takeover announcement shares of Krispy Kreme Doughnuts (NYSE:KKD) reached in the open market as high as $21.24 per share, the investigation concerns whether the offer is unfair to NYSE:KKD stockholders. More specifically, the investigation concerns whether the Krispy Kreme Doughnuts 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.
Krispy Kreme Doughnuts reported that its Total Revenue rose from $490.33 million for the 52 weeks period that ended on February 1, 2015 to $518.71 million for the 52 weeks period that ended on Janaury 31, 2016 and that its Net Income for those respective time periods increased from $30.06 million to $32.40 million.

On May 13, 2016, NYSE:KKD shares closed at $21.14 per share.