Investigation Overview
January 16, 2015 (Shareholders Foundation) - An investigation on behalf of investors, who currently hold shares of NPS Pharmaceuticals, Inc. (NASDAQ:NPSP), was announced concerning whether the takeover of NPS Pharmaceuticals, Inc. by Shire plc for $46.00 per share is unfair to NASDAQ:NPSP stockholders.
The investigation by a law firm concerns whether certain officers and directors of NPS Pharmaceuticals, Inc. breached their fiduciary duties owed to NASDAQ:NPSP investors in connection with the proposed acquisition.
On January 11, 2015, Shire plc (LSE: SHP, NASDAQ: SHPG) and NPS Pharmaceuticals, Inc. (NASDAQ:NPSP) announced that the companies have entered into a merger agreement pursuant to which Shire will acquire all the outstanding shares of NPS Pharma for $46.00 per share in cash, for a total consideration of approximately $5.2 billion.
However, given that at least one analyst has set the target price for NASDAQ:NPSP shares at $48 per share, the investigation concerns whether the offer is unfair to NASDAQ:NPSP stockholders. More specifically, the investigation concerns whether the NPS Pharmaceuticals 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.
NPS Pharmaceuticals, Inc. reported that its annual Total Revenue increased from $101.64 million in 2011 to $155.59 million in 2013 and that its respective Net Loss declined from $36.27 million to $13.50 million. Shares of NPS Pharmaceuticals, Inc. (NASDAQ:NPSP) grew from $7.93 per share in March 2013 to as high as $39.06 per share in February 2014.