Ademi LLP is investigating CyrusOne (OTCPK: FSWA), for possible breaches of fiduciary duty and other violations of law in its transaction with KKR and GIP.
Ademi LLP alleges CyrusOne’s financial outlook and prospects are excellent and yet CyrusOne shareholders will receive only $90.50 per share in an all-cash transaction valued at approximately $15 billion, including the assumption of debt. The merger agreement unreasonably limits competing bids for CyrusOne by prohibiting solicitation of further bids, and imposing a significant penalty if CyrusOne accepts a superior bid. CyrusOne insiders will receive substantial benefits as part of change of control arrangements.
We are investigating the conduct of CyrusOne’s board of directors, and whether they are (i) fulfilling their fiduciary duties to all shareholders, and (ii) obtaining a fair and reasonable price for CyrusOne.