Common Contracts
1 similar Merger Agreement contracts
DELAY AND EVENTUAL MERGER OF WHOLE FOODS MARKET, INC. AND WILD OATS MARKETS, INC.Merger Agreement • October 8th, 2007
On February 21, 2007, the nation‟s two leading purveyors of natural and organic foods, Whole Foods Market, Inc. (“Whole Foods”) and Wild Oats Markets, Inc. (“Wild Oats”), entered into an agreement and plan of merger (the “Agreement”).1 Under the terms of the Agreement, Whole Foods and its wholly-owned acquisition subsidiary WFMI Merger Co., (“WFMI”) commenced a tender offer to purchase all of the outstanding shares of Wild Oats at a purchase price of $18.50 per share.2 The initial expiration date for the offer was set for March 27, 2007,3 but due to allegations that the merger would violate federal antitrust laws, the transaction ultimately did not close until August 28, 2007. In the interim, the parties went to bat with the Federal Trade Commission (the “FTC”) in federal court, and the egotistical, unethical, and perhaps illegal web postings of Whole Foods‟ CEO John Mackey were revealed to the public. In this paper, I will outline the events that caused the delay of the merger, highli
