International daily fantasy sports (DFS) operator FanDuel recently entered a deal to sell the company to Irish bookmaker Paddy Power Betfair. While the sale will bring substantial windfalls to the company’s top executives, FanDuel founders and shareholders aren’t so lucky.
The firm’s major shareholders, Shamrock Capital and KKR, authorized the sale per a clause in the contract that basically forces minority shareholders to do what the two companies want. As reported by Legal Sports Report’s Dustin Gouker, they recognized the negative impact it would have on the shareholders, stating, “It is important to note that no other offer available to FanDuel as a result [of exploring a sale] was of a sufficient value, if distributed pursuant to the terms of the Articles with respect to a change of control transaction, to entitle any holders of ordinary shares to participate with respect to such shares.”
The statement went on to explain, “In addition, the allocation of the proceeds of [the sale] to FanDuel’s Shareholders is consistent with the terms of FanDuel’s pre-existing organizational documents that have been in effect for an extended period of time.”
The offer on the table amounted to $465 million, more than any other offer made for the DFS operator. However, it falls short of the $558 million commitment the company has in its “A Preference Shares” stock purchase clause.