First Midwest Bancorp, Inc. (NASDAQ: FMBI)
concerning potential violations of the federal securities laws and/or breaches of fiduciary duties relating to its sale to Old National Bancorp. Under the terms of the merger agreement, First Midwest stockholders will receive 1.1336 shares of Old National common stock for each share of First Midwest common stock they own. Following completion of the transaction, former First Midwest stockholders are expected to own approximately 44% of the combined company.
Kimco Realty Corporation (NYSE: KIM) concerning potential violations of the federal securities laws and/or breaches of fiduciary duties relating to its merger with Weingarten Realty Investors. On a pro forma basis, Kimco shareholders are expected to own approximately 71% of the combined company's equity following the closing of the merger.