other material
confidence high
sentiment neutral
materiality 0.60
Digital Ally amends ELOC with Yield Point: commitment fee due Nov 7, paid in shares/cash
KUSTOM ENTERTAINMENT, INC.
- Commitment Fee now due on amendment date (Nov 7, 2025) instead of after registration effective date.
- Fee paid as shares equal to 19.99% of outstanding, valued at 5-day VWAP capped at full fee, plus cash from 30% of future financing proceeds.
- If cash portion unpaid after 6 months, company may pay in cash or freely tradable shares at its election, VWAP-based.
- Floor price set at 20% of Nasdaq Minimum Price if company elects share payment after stockholder approval.
- Beneficial ownership limitation applies; excess shares held in abeyance until investor notice.