TOKYO (Reuters) – U.S. private equity fund KKR said on Monday it had sent a letter to FujiSoft asking it to file a lawsuit to stop what it said was Bain Capital's violation of a nondisclosure agreement amid the takeover battle between Bain and KKR over the software maker.
In the letter, KKR asked Fuji Soft to file an injunction to stop the “continued violation of the non-disclosure agreement” by Bain Capital.
KKR and Bain are trying to buy Fuji Soft in a competing bid for up to $2 billion.
Fuji Soft's board of directors came out in support of KKR's lower offer and demanded that Bain destroy confidential information it had collected during due diligence.
Bain said this ignored shareholders' interests and that it wanted to continue using the information to launch its tender offer. FujiSoft's founding family said it supports Bain's bid.
FujiSoft and Bain did not immediately respond to Reuters' requests for comment.
