Empery Digital extends ATM equity facility with Aegis Capital until all shares sold

Empery Digital Inc.

Amended ATM agreement removes prior automatic termination date; program continues until issuance and sale of all Placement Shares.
Waived clause (i) of Section 13(d) which would have terminated the agreement; parties confirm agreement has been in full force.
Agreement originally dated October 18, 2024, as amended July 17, 2025; amendment executed June 2, 2026.
Company may sell shares of common stock (par value $0.00001) through Aegis as sales agent under the ATM facility.

Key facts

Extracted from this filing and checked against the source text.

Material Agreements SEC 8-K Item 1.01/1.02 confidence 0.95

Empery Digital Inc. amended Amendment No. 2 and Waiver to the At-The-Market Issuance Sales Agreement with Aegis Capital Corp. valued at Extends the term of the At-The-Market Issuance Sales Agreement until issuance and sale of all shares (effective 2026-06-02).

Action: amendment
Agreement: atm program
Counterparty: Aegis Capital Corp.
Value: Extends the term of the At-The-Market Issuance Sales Agreement until issuance and sale of all shares
Effective: 2026-06-02

Exact text from the filing

Item 1.01 Entry Into a Material Definitive Agreement. Amendment of At-The-Market Issuance Sales Agreement On June 2, 2026, Empery Digital Inc. (the “ Company ”) entered into Amendment No. 2 and Waiver to the At-The-Market Issuance Sales Agreement (the “ ATM Amendment ”) with Aegis Capital Corp. (“ Aegis ”) which, among other matters, extends the term of the At-The-Market Issuance Sales Agreement dated October 18, 2024, between the Company and Aegis, as amended, such that, unless earlier terminated by one of the parties thereto, it will automatically terminate upon the issuance and sale of all of the shares authorized thereunder.

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Source: SEC EDGAR

accession 0001683168-26-004479

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