Westar Energy, Inc. (“Westar” or the “Company”) provides electric utility and natural gas service primarily in Kansas via 35,000 miles of electric distribution and transmission lines.
According to the Complaint, this action stems from two related proposed transactions announced on July 10,
2017, pursuant to which Westar and Great Plains Energy Incorporated (“Great Plains”) will be combined in a “merger of equals” under a new holding company named Monarch Energy Holding, Inc. (“Monarch”). Specifically, pursuant to the July 9, 2017 amended and restated agreement and plan of merger (the “Merger Agreement”) between Westar, Great Plains, Monarch, and certain related entities, in one proposed transaction, Great Plains will merge with and into Monarch, with Monarch to continue as the surviving corporation. In the other proposed transaction, Westar will merge with and into King Energy, Inc., a wholly owned subsidiary of Monarch, with Westar to continue as the surviving corporation.
The Complaint alleges that in soliciting shareholder approval for the Proposed Transactions, Defendants issued
the S-4, which purports to contain a summary/overview of the Proposed Transactions, but omits certain critical information, rendering portions of the S-4 materially incomplete and/or misleading, in violation of the Securities Act.
This case was voluntarily dismissed on February 5, 2018.