Murray, Frank & Sailer LLP is investigating claims of breach of
fiduciary duty by certain members of the board of directors of
TomoTherapy Incorporated (NASDAQ: TOMO) ("TomoTherapy” or the "Company”)
in relation to the acquisition of the Company by Accuray Incorporated
("Accuray”).
On March 7, 2011, TomoTherapy and Accuray announced that Accuray will
acquire TomoTherapy pursuant to a transaction under which TomoTherapy
stockholders will receive $3.15 in cash and 0.1648 shares of Accuray
stock, or approximately $4.80, for each share of TomoTherapy common
stock, an aggregate value of approximately $277 million. The amount
represents a premium of approximately 31% over the closing price of the
stock on March 4, 2011.
The investigation concerns whether certain members of the board of
directors breached their fiduciary duty in connection with their efforts
to sell TomoTherapy to Accuray at an inadequate price through an unfair
process which significantly undervalues the Company.
If you are a current investor in TomoTherapy, who purchased TOMO shares
before March 7, 2011, and you wish to discuss this investigation or have
any questions concerning this notice or your rights or interests with
respect to these matters, please contact Bridget Hamill at (800)
497-8076 or (212) 682-1818, or by email at investigations@murrayfrank.com.
