Protecting the Rights of Shareholders and Consumers
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NYFIX, Inc. Securities Litigation
NYFIX, Inc. (NasdaqCM: NYFX) shareholder litigation over alleged unfair takeover
On August 28, 2009, NYFIX, Inc. (“NYFIX” or the “Company”) announced that it agreed to sell the Company to NYSE Euronext, Inc.
(NYSE: NYX). Under the terms of the agreement, NYFIX shareholders will receive $1.675 in cash for each share of NYFIX they own
for a total transaction value of approximately $144 million.
The investigation concerns whether the NYFIX Board of Directors breached their fiduciary duties to NYFIX shareholders given that
(i) the Company's shares traded at over $3.00 per share in the fourth quarter of 2008 and has a 52-week high of $3.75 per share;
and (ii) the NYFIX Board of Directors agreed to a strict "no solicitation" provision and agreed to pay a $5 million termination fee
which will all but ensure that no superior offer will ever be forthcoming.