Lawsuits filed by BrightPoint Inc. shareholders who are challenging the company's proposed sale to a California firm are set to be dismissed after the sides reached a settlement.
Indianapolis-based Brightpoint announced in early July that it had agreed to be acquired by Ingram Micro Inc. for about $840 million.
Terms of the deal call for Ingram Micro to acquire all outstanding shares of BrightPoint’s common stock for $9 per share in cash. But the shareholders argued in two complaints that the purchase price is too low because it uses a depressed stock price rather than its 52-week high of more than $12 per share.
BrightPoint shares traded at $8.96 Friday morning, down 1 cent. The price has barely fluctuated since the acquisition was announced.
Under the settlement, reached Tuesday, BrightPoint will pay no damages, but has agreed to provide more financial information to shareholders before they vote on the proposed sale. A vote is set for Sept. 19.
The lawsuits alleged that the company’s proxy statement outlining details of the transaction contained “materially false and misleading information.”
Indianapolis attorney Henry Price, who represents some of the shareholders, said he hasn’t seen the settlement but is pleased with the agreement.
“I know that they’ll get more disclosures so they can make an informed decision [on the sale],” he said. “That was the thrust of the lawsuit.”
Shareholders filed the first lawsuit in late July and the other in early August in U.S. District Court in Indianapolis, seeking class-action status.
The sale is expected to close by the end of the year, the companies said in July.
BrightPoint, founded in Plainfield in 1989, provides logistics to sellers of wireless devices. It has more than 1,300 employees in the Indianapolis area and 4,000 worldwide.
BrightPoint was named one of the country’s 500 largest companies in 2011, ranking 463rd with $5.2 billion in revenue. Ingram was ranked 81st, with $36.3 billion in revenue.
Six top BrightPoint executives are expected to share a $30.7 million payout as part of the planned sale, with CEO Robert Laikin in line to receive $14.1 million.