Lawsuit Overview
Feb. 05, 2013 (Shareholders Foundation) -- An investor in shares of Pervasive Software Inc. (NASDAQ:PVSW) filed a lawsuit in effort to block the proposed takeover of Pervasive Software Inc by Actian Corporation at $9.20 per NASDAQ:PVSW share.
The plaintiff alleges that the defendants breached their fiduciary duties owed NASDAQ:PVSW stockholders arising out of the attempt to sell the company too cheaply via an unfair process.
On January 28, 2013, Pervasive Software Inc. (NASDAQ: PVSW) announced that it has entered into an agreement to be acquired by an affiliate of Actian Corporation in a transaction with a total value of approximately $161.9 million. Under the terms of the agreement, Pervasive’s stockholders will receive $9.20 in cash for each share of Pervasive stock they hold.
However, The plaintiff claims that the $9.20-offer is too low and undervalues the company. Indeed, shares of Pervasive Software Inc. (NASDAQ:PVSW) grew from $3.45 per share in February 2009 to as high as $9.12 per share in December 2012.
Furthermore, so the plaintiff, the process is also unfair to NASDAQ:PVSW stockholders.