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Cases

November 9, 2023

Apollo Tactical Income Fund Inc. Investigation

We are investigating possible breaches of fiduciary duty and other violations of law by the Apollo Tactical Income Fund Inc. (the “Company,” NYSE: AIF) board of directors in connection with its proposed merger with MidCap Financial Investment Corporation (NASDAQ: MFIC). Under the merger agreement, AIF shareholders will receive newly issued shares of MFIC common stock based on the ratio, determined shortly before the closing of each Merger, of the net asset value (“NAV”) per share of AIF divided by the NAV per share of MFIC.

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November 9, 2023

Apollo Senior Floating Rate Fund Inc. Investigation

We are investigating possible breaches of fiduciary duty and other violations of law by Apollo Senior Floating Rate Fund Inc. (the “Company,” NYSE: AFT) board of directors in connection with its proposed merger with MidCap Financial Investment Corporation (“MFIC”) (NASDAQ: MFIC). Under the merger agreement, AFT shareholders will receive newly issued shares of MFIC common stock based on the ratio, determined shortly before the closing, of the net asset value (“NAV”) per share of AFT divided by the NAV per share of MFIC.

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November 9, 2023

MidCap Financial Investment Corporation Investigation

We are investigating possible breaches of fiduciary duty and other violations of law by the board of directors of MidCap Financial Investment Corporation (“MidCap” or the “Company,” NASDAQ: MFIC) board of directors in connection with its proposed merger with Apollo Tactical Income Fund Inc. (NYSE: AIF) and Apollo Senior Floating Rate Fund Inc. (NYSE: AFT).

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November 2, 2023

Six Flags Entertainment Corporation Inc. Investigation

We are investigating possible breaches of fiduciary duty and other violations of law by the board of directors of Six Flags Entertainment Corporation (“Six Flags” or the “Company”) (NYSE: SIX) in connection with its proposed merger with Cedar Fair (“Cedar Fair”) (NYSE: FUN). Under the merger agreement, Six Flags shareholders will receive 0.58 shares (per share owned, “the Six Flags Exchange Ratio”) in a new company, resulting in Cedar Fair unitholders owning 51.2% and Six Flags shareholders owning 48.8% of the new company.

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November 2, 2023

Akero Therapeutics, Inc. Investigation

We are investigating possible breaches of fiduciary duty and violations of the federal securities laws by the Board of Directors and senior officers of Akero Therapeutics, Inc. (NASDAQ: AKRO) (“Akero” or the “Company”), concerning the Company’s development of efruxifermin to treat nonalcoholic steatohepatitis (NASH) patients with severe liver disease.

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November 1, 2023

Patriot Transportation Holding, Inc. Investigation

We are investigating possible breaches of fiduciary duty and other violations of law by the board of directors of Patriot Transportation Holding, Inc. (“Patriot Transportation” or the “Company”) (NASDAQ: PATI), in connection with its proposed acquisition by United Petroleum Transports, Inc. Under the merger agreement, the Company’s shareholders will receive $16.26 per share.

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October 30, 2023

Healthpeak Properties, Inc. Investigation

We are investigating possible breaches of fiduciary duty and other violations of law by the board of directors of Healthpeak Properties, Inc. (“Healthpeak” or the “Company”) (NYSE: PEAK), in connection with its proposed merger with Physicians Realty Trust (“Physicians Realty Trust”) (NYSE: DOC). Pro forma for the transaction, Healthpeak and Physicians Realty Trust shareholders will own approximately 77% and 23% of the combined company, respectively.

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October 30, 2023

Physicians Realty Trust Investigation

We are investigating possible breaches of fiduciary duty and other violations of law by the board of directors of Physicians Realty Trust (“Physicians Realty” or the “Company”) (NYSE: DOC) in connection with its proposed merger with Healthpeak Properties, Inc. (“Healthpeak”) (NYSE: PEAK). Under the terms of the merger agreement, the Company’s shareholders will receive 0.674 shares of Healthpeak common stock for each share of Physicians Realty common stock owned, representing implied per-share consideration of $11.07 based upon Healthpeak’s October 27, 2023 closing price of $16.42.

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October 30, 2023

Spirit Realty Capital, Inc. Investigation

We are investigating possible breaches of fiduciary duty and other violations of law by the board of directors of Spirit Realty Capital, Inc. (“Spirit Realty” or the “Company”) (NYSE: SRC), in connection with its acquisition by Realty Income Corporation (“Realty Income”) (NYSE: O). Under the terms of the merger agreement, the Company’s shareholders will receive 0.762 shares of Realty Income common stock for each share of Spirit Realty common stock owned, representing implied per-share consideration of $37.34 based upon Realty Income’s October 27, 2023 closing price of $49.00.

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