Faruqi & Faruqi, LLP Announces Filing of a Class Action Lawsuit Against The Fresh Market, Inc.
Notice is hereby given that Faruqi & Faruqi, LLP has filed a class action lawsuit in the United States District Court for the District of Delaware, case no. 1:16-cv-00239, on behalf of shareholders of The Fresh Market, Inc. (“Fresh Market” or the “Company”) (NasdaqGS:TFM) who hold Fresh Market securities and have been harmed by Fresh Market’s and its board of directors’ (the “Board”) alleged violations of §§ 14(e), 14(d)(4), and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) in connection with the proposed sale of the Company to Apollo Global Management, LLC (“Apollo”).
On March 14, 2016, the Company announced it had entered into an Agreement and Plan of Merger (“Merger Agreement”) under which Apollo will acquire all of the outstanding shares of Fresh Market by way of an all-cash tender offer (the “Proposed Transaction”).
The complaint charges Fresh Market and the Board with violations of §§ 14(e), 14(d)(4), and 20(a) of the Exchange Act.
Pursuant to the terms of the Merger Agreement, which was unanimously approved by the Board, Fresh Market shareholders will receive $28.50 in cash per share for each share of Fresh Market they own. According to the complaint, the offer is below the valuations by a group of twenty Yahoo! Finance analysts who have valued the Company as high as $44.00 per share recently—a valuation over 54% greater than that offered in the Proposed Transaction. Furthermore, the Company has traded significantly higher than the merger offer recently, hitting a high valuation point of $41.70 within the last year.
The complaint alleges that the recommendation statement on Schedule 14D-9 (the “Recommendation Statement”) filed with the Securities and Exchange Commission (“SEC”) on March 25, 2016 provides materially incomplete and misleading information about the Company and the Proposed Transaction, in violation of §§ 14(e), 14(d)(4), and 20(a) of the Exchange Act. The Recommendation Statement fails to provide Fresh Market’s shareholders with material information concerning the financial and procedural fairness of the Proposed Transaction.
If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from today. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member. If you wish to discuss this action, or have any questions concerning this notice or your rights or interests, please contact Juan E. Monteverde, Esq. via phone at (877) 247-4292 or (212) 983-9330, or via e-mail at email@example.com.
Please tell us about yourself by completing the form below and we will provide you with additional
information at no cost to you on how to join the Class Action.
* The submission of this form does not create an attorney-client relationship.
Juan E. Monteverde
Faruqi & Faruqi, LLP
685 Third Avenue 26th Floor
New York, NY 10017
Tel: (212) 983-9330
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