An investigation has commenced into the fairness of the acquisition of Berkshire Grey by SoftBank Group Corp. (“SoftBank”). On March 24, 2023, the Company announced that it had entered into an agreement and plan of merger (the “Merger”) with SoftBank, which holds approximately 27.0% of voting power in the Company. As a result of the Merger, Berkshire Grey stockholders are anticipated to receive only $1.40 per share in cash in exchange for each share of Berkshire Grey, well below the 52-week high of $2.87 per share.
The Berkshire Grey Merger investigation concerns whether the executives and directors of Berkshire Grey have breached their fiduciary duties and harmed stockholders by agreeing to and failing to terminate an inadequate transaction with SoftBank, and whether all material facts have been properly disclosed to stockholders.
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