Monsanto Company is an American agrochemical and agricultural biotechnology corporation founded in 1901. Its best known product is the herbicide Roundup, which was developed in the 1970s.

According to the filed Complaint, on September 14, 2016, Monsanto announced that it had entered into an Agreement and Plan of Merger (the “Merger Agreement”), pursuant to which Merger Sub will merge with and into Monsanto, with Monsanto continuing as the surviving corporation and as a wholly owned subsidiary of Bayer. Pursuant to the terms of the Merger Agreement, Monsanto shareholders will receive $128.00 in cash for each share of Monsanto common stock that they own (the “Merger Consideration”).

The Complaint alleges the Merger Consideration is insufficient and undervalues the Company. Indeed, analysts have set price targets for shares of Monsanto common stock at $135.00, and the financial analyses performed by Monsanto’s financial advisor indicate the Company is worth as much as $163.00 per share. Furthermore, as outlined below, the Merger Consideration is the result of a flawed sales process.

This case was voluntarily dismissed on November 10, 2016.