April 13, 2016 (San Diego, CA & Greensboro, NC) Shareholder rights law firm Robbins Arroyo LLP announces that it filed a class action lawsuit on April 8, 2016, in the U.S. District Court for the District of Delaware (the “Court”) on behalf of the shareholders of The Fresh Market, Inc. (“Fresh Market”) (NASDAQ: TFM) against its Board of Directors, Pomegranate Holdings, Inc., Pomegranate Merger Sub, Inc., Apollo Global Management, LLC, and Apollo Management VIII, L.P., among others, for violations of sections 14(d)(7) and (e) of the Securities Exchange Act of 1934 (the “Exchange Act”) and U.S. Securities and Exchange Commission (“SEC”) Rule 14d-10 promulgated thereunder.
Fresh Market Is Accused of Granting Differential Consideration to Defendants and Disseminating a False and Misleading Proxy Statement
The action arises out of a March 14, 2016 press release announcing that Fresh Market had entered into a definitive merger agreement with an affiliate of Apollo Global Management, LLC, whereby certain funds managed by Apollo Global Management, LLC will acquire Fresh Market for approximately $1.36 billion (the “Proposed Acquisition”). The complaint seeks injunctive relief on behalf of the named plaintiff and all other similarly situated Fresh Market shareholders (the “Class”). The named plaintiff is represented by Robbins Arroyo LLP.
The complaint alleges that the Proposed Acquisition is unfair to the vast majority of Fresh Market shareholders because certain defendants are expected to receive differential consideration in violation of section 14(d)(7) of the Exchange Act. The complaint further alleges that defendants violated section 14(e) of the Exchange Act in connection with the Solicitation/Recommendation Statement on Schedule 14D-9 filed with the SEC.
If you purchased or otherwise acquired Fresh Market stock on, or prior to, the March 14, 2016 announcement of the Proposed Acquisition, and wish to serve as lead plaintiff, you must move the Court no later than sixty days from April 13, 2016. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact attorney Darnell R. Donahue of Robbins Arroyo LLP at 800-350-6003 or you can complete the form below and we will contact you directly. Any member of the Class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent Class member.
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