Lawsuit Overview
June 30, 2015 (Shareholders Foundation) - An investor who currently holds shares of Kythera Biopharmaceuticals Inc (NASDAQ:KYTH), filed a lawsuit in effort to halt the proposed takeover of Kythera Biopharmaceuticals Inc by Allergan plc for a value of $75 per share is unfair to NASDAQ:KYTH stockholders.
The plaintiff alleges that the defendants breached their fiduciary duties owed to NASDAQ:KYTH stockholders by agreeing to sell Kythera Biopharmaceuticals Inc. too cheaply via an unfair process to Allergan plc.
On June 17, 2015, Allergan plc (NYSE:AGN) and KYTHERA Biopharmaceuticals, Inc. (Nasdaq:KYTH) announced that they have entered into an agreement under which Allergan has agreed to acquire Kythera Biopharmaceuticals Inc (NASDAQ:KYTH) in a cash and equity transaction valued at $75 per KYTHERA share, or approximately $2.1 billion, subject to the fulfillment of certain customary conditions summarized below.
However, the plaintiff claims that the proposed consideration NASDAQ:KYTH shareholders will receive is grossly inadequate and undervalues Kythera Biopharmaceuticals Inc. Indeed, at least one analyst has set the high target price for NASDAQ: KYTH shares at $85.00 per share. . In addition, the plaintiff claims that the process is also unfair to NASDAQ:KYTH stockholders.