Lawsuit Overview
November 30, 2015 (Shareholders Foundation) - An investor who currently holds shares of Roundy’s Inc (NYSE:RNDY), filed a lawsuit in effort to halt the proposed takeover of Roundy’s Inc by The Kroger Co for $3.60 per share.
The plaintiff alleges that the defendants breached their fiduciary duties owed to NYSE:RNDY stockholders by agreeing to sell Roundy’s Inc too cheaply via an unfair process to The Kroger Co.
On November 11, 2015, The Kroger Co. (NYSE: KR) and Roundy's Inc (NYSE:RNDY) announced a merger agreement under which Kroger will purchase all outstanding shares of Roundy’s for $3.60 per share in cash.
However, the plaintiff claims that the proposed consideration NYSE:RNDY shareholders will receive is grossly inadequate and undervalues Roundy's Inc. Indeed, at least one analyst has set the high target price for NYSE:RNDY shares at $4.00 per share and NYSE:RNDY shares traded as recently as April 2015 in the open market as high as $5.93 per share. Furthermore, shares of Roundy's Inc (NYSE:RNDY) reached as high as $10.11 per share in early 2014 and as high as $12.27 per share in May 2012. In addition, the plaintiff alleges that the process is also unfair to NYSE:RNDY stockholders.