On or around 08/03/2017 (Stipulation and order of dismissal (voluntary dismissal))
Filing Date: June 30, 2017
According to the Complaint, on May 29, 2017, the Board caused Xactly to enter into an agreement and plan of merger (the “Merger Agreement”) with Excalibur Parent LLC and Excalibur Merger Sub, Inc., affiliates of Vista Equity Partners Fund VI, L.P. (collectively, “Vista”). Pursuant to the terms of the Merger Agreement, stockholders of Xactly will receive $5.32 in cash and 0.2309 of a share in the newly combined company for each share they own.
On June 16, 2017, defendants filed a proxy statement (the “Proxy Statement”) with the United States Securities and Exchange Commission (“SEC”) in connection with the Proposed Transaction. The Complaint alleges the Proxy Statement omits material information with respect to the Proposed Transaction, which renders the Proxy Statement false and misleading.
This case was voluntarily dismissed on August 3, 2017.
Company & Securities Information
Defendant: Xactly Corporation
Industry: Software & Programming
Headquarters: United States
Ticker Symbol: XTLY
Company Market: New York SE
Market Status: Public (Listed)
About the Company & Securities Data
"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.
In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
First Identified Complaint
Robert Berg, et al. v. Xactly Corporation, et al.
COURT: N.D. California
DOCKET #: 17-CV-03783
JUDGE: Hon. Haywood S Gilliam, Jr
DATE FILED: 06/30/2017
CLASS PERIOD START: 05/29/2017
CLASS PERIOD END: 06/30/2017
PLAINTIFF FIRMS NAMED IN COMPLAINT:
Levi & Korsinsky (San Francisco) 44 Montgomery Street, Suite 650, Levi & Korsinsky (San Francisco), CA 94104 (415) 291-2420 (415) 484-1294 ·