The lawsuit that PAETEC
The $2.3 billion stock-swap and debt-assumption deal was proposed in August. But it quickly brought suspicion that the PAETEC board of directors did not do a fair job of maximizing the value of the merger for the shareholders, that the $5.62-a-share price was too low. Some analysts felt that $7 a share was a more appropriate price. That was the impetus of the shareholder lawsuit.
To make things even stickier, earlier this month there was a rumor floating around that Level 3
The Memorandum of Understanding that settled the lawsuit called for the complaint to be dismissed without the possibility of refiling. One disclosure of the settlement was that PAETEC has an "exclusivity agreement" with Windstream, which keeps PAETEC from even considering any other bids.
All this is good news for those Windstream investors who have come to rely on the company's steady dividend stream, with a projected yield of 8.9%. Like many small telecoms, such as Frontier Communications
Twixt cup and lip
There's just one more hurdle for Windstream to jump over for this merger to get settled once and for all: Later this month, the PAETEC shareholders will finally get to vote on it. To follow these companies and keep up with what happens, put Windstream and PAETEC on your watchlist. It's really the best way to make sure you don't lose track of the outcome.