Investigation Overview
San Diego, Oct. 12, 2011 (Shareholders Foundation) -- The announcement that BigBand Networks, Inc. agreed to be acquired by ARRIS Group, Inc for $2.24 per BBND shares prompted an investigation on behalf of investors of BigBand Networks, Inc. (NASDAQ:BBND) concerning whether the offer to acquire BigBand Networks and the buyout process are unfair to investors of BigBand Networks (BBND) and whether certain of its officers and directors or others breach their fiduciary duties owed investors in NASDAQ:BBND shares.
The investigation by a law firm concerns whether BigBand Networks certain of its officers and directors, and/or others breached their fiduciary duties owed BigBand Networks (NASDAQ:BBND) investors in connection with the proposed acquisition.
On Oct. 11, 2011, BigBand Networks (Nasdaq: BBND) and ARRIS Group, Inc. (Nasdaq: ARRS) announced that they have entered into an agreement whereby ARRIS Group will acquire BigBand Networks for a purchase price of $2.24 per share in cash. Following the takeover announcement shares of BigBand Networks, Inc. (Public, NASDAQ:BBND) jumped from as low as $1.23 on Oct. 7 to $2.21 on Oct. 11.
However, Redpoint Ventures and ValueAct Capital Partners, holders of 32% of the outstanding shares of BigBand, Networks, Inc have already agreed to tender their shares in the offer and to vote their shares in favor of the merger agreement and against any other transaction, subject to the provisions of the agreement. Completion of the transaction is expected to occur in late 2011.
Furthermore, NASDAQ: BBND stocks traded as recently as July 2011 as high as $2.26 per share. In fact, BBND shares traded in January 2011 as high as $2.87 and during 2010 as high as $3.58 per share, and at least one financial analyst has set a price target of $2.75 for BBND stocks, all above the current $2.24offer.
Therefore, the investigation concerns whether the BigBand Networks Board of Directors undertook an adequate sales process and in particular breached their fiduciary duties to BigBand Networks, Inc. (NASDAQ:BBND) shareholders by failing to adequately shop the Company before entering into this transaction.
Furthermore the investigation concerns on whether ARRIS Group, Inc would underpay for:BBND shares, thus unlawfully harming BBND stockholders.
A potential securities class action lawsuit would seek to maximize the amount of money and information BigBand Networks shareholders would receive in a buyout, so the law firm.