Ademi & O’Reilly, LLP is investigating Vivint (NYSR: VSLR) for possible breaches of fiduciary duty and other violations of the law in connection with the sale to Sunrun.
Ademi & O’Reilly, LLP alleges Vivint’s financial outlook is improving and yet shareholders will receive only 0.55 shares of Sunrun common stock, representing approximately $11.74 based on the closing price of Sunrun’s shares on July 6, 2020. Vivint stockholders are expected to own approximately 36% and Sunrun stockholders are expected to own approximately 64% of the fully diluted shares of the combined company. The merger agreement unreasonably limits competing bids for Vivint by prohibiting solicitation of further bids, and imposing a termination penalty if Vivint accepts a superior bid. Vivint insiders will receive millions of dollars as part of change of control arrangements. We are investigating the conduct of Vivint’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 Vivint.