We are investigating possible breaches of fiduciary duty and other violations of law by the board of directors of Apollo Endosurgery, Inc. (“Apollo Endosurgery” or the “Company”) (NASDAQ: APEN), in connection with the proposed acquisition of the Company by Boston Scientific Corporation (NYSE: BSX). Under the terms of the merger agreement, the Company’s shareholders will receive $10.00 in cash for each share of Apollo Endosurgery common stock owned. The transaction is valued at approximately $615 million.
Weiss Law is investigating whether (i) Apollo Endosurgery’s board of directors acted in the best interests of Company shareholders in agreeing to the proposed transaction, (ii) the $10.00 per share merger consideration adequately compensates Apollo Endosurgery’s shareholders, and (iii) all information regarding the sales process and valuation of the transaction will be fully and fairly disclosed. Notably, the merger consideration is below the $13 median price target set by analysts, and at least one analyst set a price target for the Company of $14 per share, $4.00 above the per-share merger consideration.