Nano Dimension has introduced that it’s persevering with to pursue claims towards shareholders Murchinson, Anson, and others. On July 14, 2023, Nano filed a grievance towards Defendants Murchinson, Anson Advisors, Boothbay Fund Administration, and their associates within the Supreme Courtroom of the State of New York.
Nano says the grievance seeks to “redress Defendant’s alleged misconduct”. The alleged misconduct from the Defendant’s embody an “improper scheme” to amass an curiosity in Nano Dimension.
Nano Dimension’s grievance alleges that the defendants:
- Conspired to acquire a big stake in Nano by working in tandem to govern the value for Nano’s ADS.
- Furtively acquired a big, undisclosed curiosity,
- Improperly took steps to mount a bid for management, dismantle the Firm, and distribute its money for Defendants’ personal profit.
- Launched an unlawful takeover marketing campaign and efforts to overthrow the Firm’s board and wrest management from its managers, in direct violation of the phrases of the Deposit Settlement.
The grievance additionally alleges that the Defendants carried out a “sham shareholder assembly” on March 20, 2023 in line with Nano, wherein the businesses “purpoted to switch members of Nano’s board of administrators with candidates affiliated with Defendants, in breach of the Deposit Settlement.”
Nano Dimension additionally says the grievance additional alleges that the “misconduct” breaches the Deposit Settlement and constitutes “unjust enrichment” below New York regulation, which it says entitles it to:
- Compensatory and punitive damages in extra of $10,000,000.
- Disgorgement of Defendants’ unjust enrichment; and
- Rescission of Defendants’ holdings of Nano ADS, amongst different cures.
Nano Dimension has additionally requested the New York Courtroom for a preliminary injunction that will, amongst different issues:
- Maintain in abeyance and decline to offer any authorized impression the votes Defendants claimed they forged on the purported shareholder assembly they staged in March 2023; and
- Enjoin Defendants from enterprise any efforts to offer these votes authorized impression (e.g., by giving credit score to the election or making an attempt to seat purportedly elected administrators).
Nano Dimension’s request for a preliminary injunction is about for argument on July 28, 2023.
