TOMO Tomotherapy Incorporated (MM)

Faruqi & Faruqi, LLP, a leading national securities firm headquartered in New York City, is investigating the Board of Directors of TomoTherapy Inc. (“TomoTherapy” or the “Company”) (NasdaqGS: TOMO) for potential breaches of fiduciary duties in connection with their conduct related to the sale of the Company to Accuray Inc. (“Accuray”) (NasdaqGS: ARAY) for an estimated $277 million in cash and stock. The proposed transaction only offers TomoTherapy shareholders $3.15 in cash and 0.1648 share of Accuray common stock for each TomoTherapy share they hold, valuing the Company’s stock at approximately $4.60 based on closing prices Tuesday, March 8, 2011. According to Yahoo! Finance, at least one financial expert values TomoTherapy’s stock at $5.00 per share.

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Whether the TomoTherapy’s Board of Directors breached their fiduciary duties to TomoTherapy’s stockholders by failing to conduct an adequate and fair sales process to sell the Company prior to agreeing to this proposed transaction, whether the proposed transaction undervalues TomoTherapy’s shares and by how much this proposed transaction undervalues the Company to the detriment of TomoTherapy shareholders are the key focus of this investigation.

Faruqi & Faruqi, LLP is a national law firm which represents investors and individuals in class action litigation. The firm is focused on providing exemplary legal services in complex litigation in the areas of securities, shareholder, antitrust and consumer litigation, through all phases of litigation. The firm has an experienced trial team which has achieved significant victories on behalf of the firm’s clients.

If you own common stock in TomoTherapy and wish to obtain additional information, please visit us at www.faruqilaw.com/TOMO or contact Juan E. Monteverde, Esq. either via e-mail at jmonteverde@faruqilaw.com or by telephone at (877) 247-4292 or (212) 983-9330.

Attorney Advertising. (C) 2011 Faruqi & Faruqi, LLP. The law firm responsible for this advertisement is Faruqi & Faruqi, LLP (www.faruqilaw.com). Prior results do not guarantee or predict a similar outcome with respect to any future matter. We are happy to discuss your particular case.

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