Protecting the Rights of Shareholders and Consumers
|
Intellon Corporation Securities Litigation
Intellon Corporation (NasdaqGM: ITLN) shareholder litigation over alleged unfair takeover
On September 8, 2009, Intellon Corporation (“Intellon” or the “Company”) announced that it agreed to sell the
Company to Atheros Communications Inc. ("Atheros") (NasdaqGS: ATHR). Under the terms of the agreement, Intellon
shareholders can elect to receive for each Intellon share they own either 0.267 Atheros shares, $7.30 in cash, or 0.125 Atheros
shares plus $3.60 in cash. The actual amounts each Intellon shareholder will receive will be subject to adjustments that reflect
the elections of other Intellon shareholders. The total transaction is valued at approximately $244 million.
For fiscal year 2008, the Company reported revenues of $75.37 million and net income of $921,000 as compared to revenues of
$52.31 million and a loss of $14.07 million for 2007. The investigation concerns whether the merger consideration is adequate
and whether the Intellon Board of Directors breached their fiduciary duties to Intellon shareholders by agreeing to a strict no-
solicitation provision and an $8.5 million termination fee that will all but ensure that no superior proposal will ever be forthcoming.