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TMCNet:  Shareholder Rights Law Firm Johnson & Weaver, LLP Announces Investigation of the NuPathe Inc. Proposed Sale to Endo Health Solutions

[December 16, 2013]

Shareholder Rights Law Firm Johnson & Weaver, LLP Announces Investigation of the NuPathe Inc. Proposed Sale to Endo Health Solutions

SAN DIEGO --(Business Wire)--

Shareholder Rights Law Firm Johnson & Weaver, LLP is investigating whether members of the board of directors of NuPathe Inc. (Nasdaq: PATH) breached their fiduciary duties in connection with the planned sale of the company to Endo Health Solutions (Nasdaq: ENDP).

On December 16, 2013, Endo Health announced a definitive agreement under which Endo will acquire NuPathe Inc. Under the terms of this transaction NuPathe shareholders will receive $2.85 per share in cash, or approximately $105 million. In addition NuPathe shareholders will receive rights to receive additional cash payments of up to $3.15 per share if specified net sales of NuPathe's migraine treatment ZECUITY are achieved over a defined period of time.

The investigation concerns whether NuPathe's board failed to satisfy their duties t the company's shareholders, including whether the board adequately pursued alternatives to the acquisition and whether the board obtained the best price possible for the Company's shares of common stock. The investigation also concerns potential conflicts of interest arising out of the NuPathe's management's interest in post-acquisition employment or investment opportunities. The $2.85 per share acquisition price including the upside additional cash payment to shareholder based upon sales targets is well below one analyst's projection and far less than where the stock has traded in the past.


If you are a shareholder NuPathe and would like additional information concerning your legal rights, please contact lead analyst Jim Baker (jimb@johnsonandweaver.com) at 619-230-0063.

Johnson & Weaver, LLP is a nationally recognized shareholder rights law firm with offices in California and New York. The firm represents individual and institutional investors in shareholder derivative and securities class action lawsuits. For more information about the firm and its attorneys, please visit http://www.johnsonandweaver.com. Attorney advertising. Past results do not guarantee future outcomes.


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