Court Dismissed Nano Dimension’s Federal Claims WITH Prejudice
Murchinson Remains Committed to Holding Yoav Stern and the Incumbent Board Accountable for Attempting to Silence Shareholders by Filing Baseless Litigation
Murchinson Ltd. (collectively with its affiliates and funds it advises and/or sub-advises, “Murchinson” or “we”), a significant shareholder with approximately 5.9% of the outstanding shares of Nano Dimension Ltd. (NASDAQ: NNDM) (“Nano Dimension” or the “Company”), today announced that the U.S. District Court for the Southern District of New York (the “Court”) dismissed the Section 13(d) claims filed by Nano Dimension against Murchinson and certain other Nano Dimension shareholders with prejudice. The state law claims were also dismissed by the Court without prejudice. According to the decision, which can be found here, Nano Dimension’s Section 13(d) claims against Murchinson and Anson Advisors, Inc. (“Anson”) were rendered “moot”.
Murchinson commented:
“We are gratified by the Court’s decision to dismiss all claims made by Nano Dimension against us and other significant shareholders. In our view, the frivolous lawsuit filed by Nano Dimension in March was a transparent attempt to silence our voice as well as the voice of other shareholders, who ultimately voted overwhelmingly in favor of Murchinson’s proposals – including to remove Chairman Yoav Stern – at the Company’s Special General Meeting of Shareholders held on March 20th.
Despite this very clear message, Nano Dimension continues to desperately try to preserve the status quo of underperformance and terrible corporate governance that has plagued the Company under Mr. Stern’s leadership. Though we view the Court’s decision as a win for shareholders and a step in the right direction, Murchinson is committed to holding Mr. Stern and the incumbent directors accountable for attempting to silence shareholders – that is why we have filed an anti-SLAPP lawsuit, which includes $5 million in damages to be paid by the incumbent directors personally.
Finally, it is telling that Nano Dimension was quick to publish a press release upon filing this baseless litigation in March but has not yet addressed or disclosed this outcome. Further, Mr. Stern misleadingly stated on the Company’s most recent earnings call that, “We are winning in every way possible in all of their attempts to [make] silly complaints to courts.” In our view, this lack of transparency and selective disclosure is not consistent with a board of directors that is acting in the best interests of all stakeholders.”
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