Investigation Overview
May 22, 2017 (Shareholders Foundation) - An investigation on behalf of investors, who currently hold shares of West Corp (NASDAQ:WSTC), was announced concerning whether the takeover of West Corp . by affiliates of certain funds managed by affiliates of Apollo Global Management, LLC at $23.50 per share is unfair to NASDAQ:WSTC stockholders.
The investigation by a law firm concerns whether certain officers and directors of West Corp breached their fiduciary duties owed to NASDAQ:WSTC investors in connection with the proposed acquisition.
On May 09, 2017, West Corporation (Nasdaq:WSTC) announced it has entered into an agreement with affiliates of certain funds managed by affiliates of Apollo Global Management, LLC (the 'Apollo funds') (together with its consolidated subsidiaries, 'Apollo'), pursuant to which the Apollo funds will acquire all of the outstanding shares of West common stock for $23.50 per share in cash.
However, given that at least one analyst has set the high target price for NASDAQ:WSTC shares at $29.00 per share, the investigation concerns whether the offer is unfair to NASDAQ:WSTC stockholders.
In addition, given that certain West stockholders, including Thomas H. Lee Partners, L.P., Quadrangle Group LLC, Gary L. West and Mary E. West, who in the aggregate beneficially own approximately 45 percent of West's outstanding common stock, have already committed to vote in favor of the proposed transaction, subject to certain customary conditions, at a special meeting of West stockholders, the investigation concerns whether the West Corp 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.