Forescout announced Wednesday, May 20, that it is suing private equity firm Advent International for allegedly violating the terms of their US$1.9 billion acquisition agreement.
The San Jose, California-based cybersecurity vendor claims Boston-based Advent told them Friday that they wouldn’t be closing the acquisition Monday as had been scheduled due to a “material adverse effect” occurring at Forescout. Forescout stated Advent is claiming a closing condition to the transaction had not been satisfied.
However, Forescout claims their agreement with Advent explicitly called out the risk of any impacts from the coronavirus pandemic. Forescout therefore argues in a complaint filed Tuesday with the Delaware Court of Chancery that no material adverse effect has occurred, that all closing conditions are satisfied, and that Advent is obligated to close the transaction.
“It is highly disappointing that Advent would attempt to exploit market volatility to renege on its contractual obligations, particularly when the merger agreement explicitly excludes the effects of a pandemic as a material adverse event,” said Theresia Gouw, chair of Forescout’s board of directors, in a statement. “We are taking immediate action to enforce Forescout’s rights and ensure that Advent fulfills its obligations.”
Full Content: CRN
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
Top Antitrust Expert Joins Cravath from Paul Weiss
Jan 21, 2025 by
CPI
CMA Chief Removed as UK Government Targets Regulatory Overhaul
Jan 21, 2025 by
CPI
Court Denies Dismissal in Crab Price-Fixing Lawsuit
Jan 21, 2025 by
CPI
TikTok Stays Online for Now: Trump Floats US Ownership Deal
Jan 21, 2025 by
CPI
Hong Kong Watchdog Unveils Compliance Tool for Small Businesses
Jan 21, 2025 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Pharmacy Benefit Managers
Jan 20, 2025 by
CPI
Untangling the PBM Mess
Jan 20, 2025 by
Kent Bernard
Using Data, Not Anecdotes, to Analyze Criticisms of Pharmacy Benefit Managers
Jan 20, 2025 by
Dennis Carlton
Vertical Integration and PBMs: What, Me Worry?
Jan 20, 2025 by
Lawton Robert Burns & Bradley Fluegel
The Economics of Benefit Management in Prescription-Drug Markets
Jan 20, 2025 by
Casey B. Mulligan