After months of battling between Allergan and its pursuers, Valeant and Pershing Square Capital Management, the two sides have reached a truce--at least when it comes to an upcoming shareholder meeting.
Allergan had hoped that a lawsuit could potentially prevent Valeant's takeover partner--Bill Ackman, whose Pershing Square Capital Management is Allergan's leading shareholder--from contributing to the 25% investor support threshold needed to call a special meeting. But now, Reuters ' sources say, Team Valeant has rallied support from shareholders holding 35% of the company.
In a Tuesday letter, activist investor Bill Ackman urged Allergan's directors to listen to what Valeant's putting on the table and assured them that they could still "rescue" their reputations by taking over leadership from CEO David Pyott, Reuters reports.
Forget Salix Pharmaceuticals and long-gone Shire. No. 1 on Allergan's list of defensive acquisition prospects could be Ireland's Jazz Pharmaceuticals.
Don't send out any save-the-dates for that Allergan special shareholder meeting just yet. Valeant has won a request for an expedited trial over the timing of the meeting, a key step in its $50 billion hostile takeover plans.
Put it on the calendar: Allergan has scheduled its special shareholder meeting--key to Valeant's takeover attempt--for Dec. 18. But that doesn't mean it won't continue to fight the very idea in court.
Even a heated takeover battle replete with litigation, a media war, and plenty of name-calling can't grind the Valeant M&A engine to a halt. The company has resumed its skincare buying spree, picking up a dermatology portfolio and an array of specialty products from Valeo Pharma for $25.3 million.
Ever since Valeant Pharmaceuticals swooped in for a takeover, Allergan executives and analysts have suggested a way out: Allergan could hustle up its own deal. Now, a Valeant lawsuit could close that exit, at least for now.
On Thursday, a judge ruled that an Allergan lawsuit against Valeant wouldn't delay a potential special meeting of Allergan shareholders, at which the Canadian pharma hoped to oust the Botox-maker's board and strike its takeover defenses. The news came not a moment too soon for Valeant, which now says it has successfully rounded up the support needed to call that meeting.
Allergan CEO David Pyott has hinted he might make a pickup to thwart Valeant's attempts to take over his company. And now that one-time target Shire is off the table after being snatched up by AbbVie, his sights may be set on Salix.