Feb. 14, 2013 (Shareholders Foundation) -- An investigation on behalf of investors in H.J. Heinz Company (NYSE:HNZ) shares was announced concerning whether the offer by an investment consortium comprised of Berkshire Hathaway and 3G Capital to acquire H.J. Heinz Company for $72.50 per NYSE:HNZ share and the takeover process are unfair to investors in NYSE:HNZ shares.
The investigation by a law firm concerns whether certain officers and directors of H.J. Heinz Company breached their fiduciary duties owed to NYSE:HNZ investors in connection with the proposed acquisition.
On February 14, 2013, H.J. Heinz Company announced that it has entered into a merger agreement to be acquired by an investment consortium comprised of Berkshire Hathaway and 3G Capital. Under the terms of the agreement shareholders of H.J. Heinz Company will receive $72.50 in cash for each NYSE:HNZ share of common stock they own, in a transaction valued at $28 billion, including the assumption of Heinzs outstanding debt.
However, H.J. Heinz Companys financial performance improved lately. For instance, H.J. Heinz Company (NYSE:HNZ) reported that its Total Revenue rose from over $10.01 billion for the 52 week period that ended on April 29, 2009 to over $11.64 billion for the 52 week period that ended on April 29, 2012. Furthermore, shares of H.J. Heinz Company (NYSE:HNZ) grew from $31.23 per share in March 2009 to as high as $61 per share on February 7, 2013.
Therefore, the investigation a law firm concerns whether the proposed transaction is unfair to NYSE:HNZ stockholders. More specifically, the investigation focuses on whether the H.J. Heinz 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.