SOURCE: Brower Piven, A Professional Corporation

February 16, 2011 17:48 ET

Brower Piven Announces Class Action Lawsuit in Connection With the Acquisition of Del Monte Foods Company by Kohlberg Kravis Roberts & Co. L.P., Vestar Capital Partners and Centerview Partners

STEVENSON, MD--(Marketwire - February 16, 2011) - The law firm of Brower Piven, A Professional Corporation, announces that a class action lawsuit has been commenced in the United States District Court for the Northern District of California on behalf of all shareholders of Del Monte Foods Company ("Del Monte") (NYSE: DLM).

The complaint alleges violations of Section 14(a) of the Securities Exchange Act of 1934 and Rule 14a-9 promulgated thereunder, as well as state law violations by the Board of Directors of Del Monte relating to the proposed acquisition of the company by an investor group led by funds affiliated with Kohlberg Kravis Roberts & Co. L.P., Vestar Capital Partners and Centerview Partners (collectively the "Buyout Group").

On November 25, 2010, the complaint states, Del Monte announced that it entered into a merger agreement for it to be acquired by the Buyout Group in a transaction valued at approximately $5.3 billion, including the assumption of approximately $1.3 billion in net debt. The complaint alleges that under the terms of the agreement, Del Monte shareholders will receive $19 per share in cash. The complaint alleges that given Del Monte's recent performance and future prospects, the consideration shareholders are to receive is inadequate. The complaint states that at least one Wall Street analyst had a price target of $22.00 per share before the merger was announced. The complaint also alleges that the Buyout Group is picking up Del Monte at the most opportune time when Del Monte is poised for growth and its stock price is trading at a huge discount to its intrinsic value. The complaint also alleges that as part of the merger agreement, the Board of Del Monte agreed to certain deal protection devices to ensure that no competitive offers will emerge for the company. Additionally, the complaint alleges that Barclays Capital's fairness opinion is highly suspect because Barclays Capital, Del Monte's financial advisor, has material conflicts of interest.

If you are a current owner of shares of Del Monte, you may obtain additional information about this lawsuit by contacting Brower Piven at www.browerpiven.com, by email at hoffman@browerpiven.com, by calling 410/415-6616, or at Brower Piven, A Professional Corporation, 1925 Old Valley Road, Stevenson, Maryland 21153. Attorneys at Brower Piven have combined experience litigating securities and class action cases of over 60 years. If you choose to retain counsel, you may retain Brower Piven without financial obligation or cost to you, or you may retain other counsel of your choice. You need take no action at this time to be a member of the class.

Contact Information

  • CONTACT:
    Charles Piven
    Brower Piven, A Professional Corporation
    Stevenson, Maryland
    410/415-6616
    Email Contact