Markforged announces litigation brought relating to pending merger with Nano

Markforged (MKFG) announced that a complaint has been filed relating to its pending merger with Nano Dimension (NNDM) in which Markforged is named as a defendant. As previously announced, on September 25, 2024, Markforged entered into an Agreement and Plan of Merger with Nano pursuant to which Nano will, subject to the terms and conditions in the Merger Agreement, acquire all outstanding shares of Markforged. On December 31, 2024, Desktop Metal (DM) filed a complaint captioned Desktop Metal v. Nano Dimension, et al. in the Delaware Court of Chancery in which Nano and Markforged are among the named defendants. The Complaint generally alleges that Nano breached the terms of its merger agreement with Desktop Metal by subsequently entering into the Merger Agreement with Markforged, and that closing the Merger prior to the pending merger between Desktop Metal and Nano would jeopardize the parties’ ability to close the Desktop Metal Merger. In the Complaint, Desktop Metal is seeking, among other forms of relief, an order from the court enjoining consummation of the Merger until the Desktop Metal Merger has closed.