On March 24, 2025, Chancellor Kathaleen McCormick of the Delaware Court of Chancery issued a post-trial opinion in Desktop Metal, Inc. v. Nano Dimension Ltd.,1 ordering the parties to comply with a merger agreement and close a transaction to consummate Nano’s acquisition of Desktop Metal. The decision offers a helpful case study of a deal involving a financially distressed target company’s successful effort to force a buyer to close a merger where the buyer failed to use reasonable best efforts to close.
This Legal Update examines the deal context, discusses the court’s assessment of the merger agreement provisions relied upon by the buyer and target company at trial, and performs a detailed analysis of how the court…
