---
schema_version: "secwatch.filing_event.v1"
accession: "0001683168-26-004479"
form_type: "8-K"
ticker: "EMPD"
cik: "0001829794"
company_name: "Empery Digital Inc."
filed_at: "2026-06-03T12:30:34+00:00"
generated_at: "2026-06-03T12:35:33.802353+00:00"
event_type: "other_material"
sentiment: "neutral"
materiality_score: 0.4
calibrated_materiality_score: 0.4
confidence: "high"
source: SEC EDGAR
---

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

## Summary
- 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.

## SEC filing metadata
- accession: 0001683168-26-004479
- form_type: 8-K
- ticker: EMPD
- cik: 0001829794
- company_name: Empery Digital Inc.
- filed_at: 2026-06-03T12:30:34+00:00
- event_type: other_material
- sentiment: neutral
- materiality_score: 0.4
- calibrated_materiality_score: 0.4
- confidence: high
- sec_items: 1.01, 9.01
- EDGAR index: https://www.sec.gov/Archives/edgar/data/1829794/000168316826004479/0001683168-26-004479-index.htm
- EDGAR primary document: https://www.sec.gov/Archives/edgar/data/1829794/000168316826004479/empery_8k.htm

## Machine-readable alternates
- HTML: https://secwatch.observer/filing/0001683168-26-004479
- JSON: https://secwatch.observer/filing/0001683168-26-004479.json
- Plain text: https://secwatch.observer/filing/0001683168-26-004479.txt

## Key facts
- Material Agreements
  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
  source text: 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.
  evidence_url: https://www.sec.gov/Archives/edgar/data/1829794/000168316826004479/0001683168-26-004479-index.htm

This AI-assisted summary is a reading aid. Review the linked SEC EDGAR filing before relying on any specific claim.