February 14, 2025
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February 14, 2025
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Desktop Metal Files Lawsuit against Nano Dimension for Breach of Merger Agreement

Nano-Dimension announced earlier this year that it is set to acquire Desktop Metal
Nano-Dimension announced earlier this year that it is set to acquire Desktop Metal
Key Takeaways

Desktop Metal, Inc. announced that it has filed a lawsuit against Nano Dimension Ltd. in the Delaware Court of Chancery, alleging that Nano Dimension breached its obligation to use reasonable best efforts to obtain regulatory approval as soon as practicable under the parties’ merger agreement.

The Court has scheduled an expedited hearing on December 30, 2024, to consider Desktop Metal’s motion for an expedited trial in January.

Lawsuit Against Nano Dimension

Desktop Metal Files Lawsuit against Nano Dimension for Breach of Merger Agreement
Desktop Metal has launched the X-Series line of binder jet 3D printing systems originally from X-One/Source: Desktop Metal

Desktop Metal seeks specific performance, including, but not limited to, requiring Nano Dimension to cooperate in obtaining approval from the Committee on Foreign Investment in the United States (“CFIUS”), including finalising negotiations and executing the mitigation agreement proposed by CFIUS (as required by the Merger Agreement), and to complete the merger within five business days of receiving CFIUS approval.

Desktop Metal also seeks a declaration of the Court that, among other things, Nano Dimension has failed to perform its obligations to use reasonable best efforts to obtain regulatory approval and remains obligated to use reasonable best efforts to take all actions necessary to consummate the merger as soon as reasonably possible, as well as injunctive relief enjoining Nano Dimension from terminating the Merger Agreement or taking any action inconsistent with its obligations.

All other regulatory conditions under the Merger Agreement have been met, and the only remaining regulatory condition for closing the merger is CFIUS approval. The merger of Desktop Metal and Nano Dimension represents an important strategic opportunity for both companies, combining complementary strengths to create value for shareholders, employees, and customers.

Desktop Metal remains focused on fulfilling the contractual obligations agreed upon by both parties, closing the transaction, and realising the merger’s potential. Desktop Metal is confident that the merger will be completed expeditiously.


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Abhimanyu Chavan
Abhimanyu is the founder of Manufactur3D and has spent more than 7 years in the 3D printing industry. He has written over 2000 articles on the technology and industry and he continues to write and share content to promote the technology across the globe, and more so in India. You can follow him on social platforms.
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