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What's in Store for The Fresh Market-Apollo Global Deal?

The Fresh Market Inc.’s TFM divestment deal with Apollo Global received a blow. Per Bloomberg, John Solak, one of the investors of the company, filed a suit in the federal court in Wilmington, DE, alleging that the deal favors the buyer more.

On Mar 16, Fresh Market announced its decision to divest itself to an affiliate of Apollo Global Management, LLC APO in an all-cash transaction of roughly $1.36 billion. The transaction is expected to close in the second quarter of fiscal 2016.

The deal has been approved by The Fresh Market’s board, except Chairman and Founder, Ray Berry. Berry and his son Brett Berry, who collectively own 9.8% of the company’s outstanding shares, have agreed not to tender their shares in the offer. They will participate and roll over the majority of their holdings in the transaction.

For the deal to be completed, the companies have to satisfy the minimum tender condition, i.e., more than 50% of Fresh Market common shares, excluding those of Ray and Brett Berry, have to be tendered. Additionally, the deal has to clear several antitrust issues.

For Fresh Market, the deal is a step in the right direction. The company has been facing tough competition from several major peers including Whole Foods Market, Inc. WFM, Kroger Co. KR and Wal-Mart Stores Inc. as well as persistent fall in same-store sale.

After posting unimpressive earnings and revenues throughout fiscal 2015, the Zacks Rank #3 (Hold) company’s same-store sales decreased in the first three quarters of fiscal 2016 as well.

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KROGER CO (KR): Free Stock Analysis Report
 
FRESH MARKET (TFM): Free Stock Analysis Report
 
APOLLO GLOBAL-A (APO): Free Stock Analysis Report
 
WHOLE FOODS MKT (WFM): Free Stock Analysis Report
 
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