Kendall Law Group, founded by a former federal judge, is investigating the proposed acquisition of BioForm Medical, Inc (BFRM) a privately-held company based in Frankfurt, Germany.
The investigation concerns whether the consideration to be paid to shareholders in this transaction is unfair and substantially below the fair or inherent value of the company. The deal which essentially takes BioForm private, is scheduled to close within the first quarter of 2010.
On January 4, 2010, BioForm announced that it has reached an agreement to sell the company to Merz in a deal for about $253 million based on outstanding shares of BioForm common tock.The transaction contains a restriction on solicitation of alternative proposals, public disclosures and other matters.
It also calls for an eight million dollar termination fee to be paid by BioForm as well as allowance for a "short form" process pursuant to applicable Delaware law, which would not require the consent of shareholders if other conditions have been met, the company said.
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