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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

 

Date of Report (Date of earliest event reported): March 31, 2022

 

Desktop Metal, Inc.

(Exact name of registrant as specified in its charter)

 

Delaware   001-38835   83-2044042

(State or other jurisdiction
of incorporation)

 

(Commission
File Number)

 

(IRS Employer
Identification No.)

 

63 Third Avenue

Burlington, Massachusetts

  01803
(Address of principal executive offices)   (Zip Code)

 

(978) 224-1244

Registrant’s telephone number, including area code

 

N/A

(Former name or former address, if changed since last report.)

 

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

  ¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

  ¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

  ¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

  ¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

Securities registered pursuant to Section 12(b) of the Act:

 

Title of each class  

Trading Symbol(s)

 

Name of each exchange on which
registered

Class A common stock, par value $0.0001 per share   DM   New York Stock Exchange

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

 

Emerging growth company ¨

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨

 

 

 

 

 

 

Item 1.02. Termination of a Material Definitive Agreement.

 

On March 31, 2022, the Amended and Restated Registration Rights Agreement, dated as of August 26, 2020 (the “Registration Rights Agreement”), by and among Desktop Metal, Inc. (the “Company”), Trine Acquisition Corp. and certain stockholders of the Company party thereto (the “Holders”) was terminated. The Registration Rights Agreement provided registration rights for certain of the securities held by the Holders. The Company determined that it had completed its material obligations under the Registration Rights Agreement and the Registration Rights Agreement was terminated by agreement between the Company and the Holders required to terminate the Registration Rights Agreement pursuant to its terms. The Company’s Chief Executive Officer, two of its directors, and stockholders who are affiliated with certain of the Company’s directors were parties to the Registration Rights Agreement.

 

 

 

 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

    Desktop Metal, Inc.
     
Date: April 1, 2022 By: /s/ Meg Broderick
    Name: Meg Broderick
    Title: General Counsel and Corporate Secretary