Investigation Overview
June 22, 2015 (Shareholders Foundation) - An investigation on behalf of investors, who currently hold shares of Kythera Biopharmaceuticals Inc (NASDAQ:KYTH), was announced concerning whether the takeover of Kythera Biopharmaceuticals Inc by Allergan plc for a value of $75 per share is unfair to NASDAQ:KYTH stockholders.
The investigation by a law firm concerns whether certain officers and directors of Kythera Biopharmaceuticals Inc breached their fiduciary duties owed to NASDAQ:KYTH investors in connection with the proposed acquisition.
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, given that at least one analyst has set the high target price for NASDAQ: KYTH shares at $85.00 per share, the investigation concerns whether the offer is unfair to NASDAQ:KYTH stockholders. More specifically, the investigation concerns whether the Kythera Biopharmaceuticals 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.