Empery Digital Inc. — fact timeline

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).

“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.”

Empery Digital Inc. issued common stock.

“the Board of Directors of the Company determined that the transactions contemplated by the Securities Purchase Agreement, including the issuance and sale of the securities thereunder, constitute an "Exempt Transaction" under that certain Rights Agreement”

Empery Digital Inc. issued 4,638,219 shares of common stock (or pre-funded warrants in lieu thereof) and 4,638,219 accompanying warrants of common stock to a current institutional investor for combined offering price of $5.39 per share (or pre-funded warrant) and accompanying warrant.

“today announced that it has entered into a definitive agreement with a current institutional investor for the sale of 4,638,219 shares of common stock (or pre-funded warrants in lieu thereof) and 4,638,219 accompanying warrants to purchase shares of common stock, at a combined offering price of $5.39 per share (or pre-funded warrant) and accompanying warrant, in a registered direct offering”

Empery Digital Inc. entered into Securities Purchase Agreement with certain institutional investors named on the signature page thereto valued at approximately $25 million (effective 2026-03-23).

“On March 23, 2026, Empery Digital Inc. (the “Company”) entered into a securities purchase agreement (the “Securities Purchase Agreement”) with certain institutional investors named on the signature page thereto”

Empery Digital Inc. amended credit facility with Two Prime Lending Limited at increased from 6.50% per annum to 7.50% per annum maturing October 9, 2027.

“the interest rate applicable to all outstanding and new borrowings under the MLA has been increased from 6.50% per annum to 7.50% per annum from the date of the MLA Amendment”

Empery Digital Inc. amended First Amendment to the Master Loan Agreement with Two Prime Lending Limited valued at up to $100 million (effective 2026-02-10).

“On February 10, 2026, Empery Digital Inc. (the “Company”) entered into the First Amendment to the Master Loan Agreement (the “MLA Amendment”), with Two Prime Lending Limited (the “Lender”), which amends the Master Loan Agreement by and between the Company and the Lender originally dated as of October 12, 2025 (the “MLA”).”

Empery Digital Inc.: Filed Certificate of Designations designating Series A Preferred Stock in connection with adoption of Rights Agreement (effective 2026-02-03).

“In connection with the adoption of the Rights Agreement, on February 3, 2026, the Company filed a Certificate of Designations designating Series A Preferred Stock with the Delaware Secretary of State.”

Empery Digital Inc. entered into Rights Agreement with Computershare Trust Company, N.A. (effective 2026-02-03).

“the Company entered into a Rights Agreement (the “Rights Agreement”), dated as of February 3, 2026, between the Company and Computershare Trust Company, N.A., as rights agent”

Empery Digital Inc. incurred term loan of $100 million with Two Prime Lending Limited at 6.50% per annum maturing October 9, 2026.

“of which shall be applied towards share repurchases by the Company. Under the MLA, t he Company may borrow , in one or more draws, an aggregate principal amount of up to $100 million, through October 9, 2026, at which date, all such loans, together with any accrued and unpaid interest and related obligations, shall become due and payable in their entirety.”

Empery Digital Inc. incurred debt of $50.00 million with NYDIG Funding LLC at per annum rate equal to 8.5% maturing August 31, 2026.

“confirmation (such confirmation, together with the MRA, the “ Repo Facility ”). The Repo Facility is expected to close on or about September 26, 2025 and will provide $50.00 million in exchange for purchased securities in the form of Bitcoin (BTC). The Repo Facility accrues interest at a per annum rate equal to 8.5%. The initial maturity date of the Repo”

Empery Digital Inc. incurred debt of up to $50.00 million with NYDIG Funding LLC at 8.5% maturing August 31, 2026.

“NYDIG Funding LLC (the “ Buyer ”) and a related transaction confirmation (such confirmation, together with the MRA, the “ Repo Facility ”). The Repo Facility provides up to $50.00 million in advances in exchange for purchased securities in the form of Bitcoin (BTC). Advances under the Repo Facility accrue interest at per annum rate equal to 8.5%. The initial”

Empery Digital Inc.: Amended and restated Bylaws solely to reflect the Name Change to Empery Digital Inc (effective 2025-07-30).

“the Board also approved an amendment and restatement of the Company’s Second Amended and Restated Bylaws solely to reflect the Name Change (as amended and restated, the “ Third Amended and Restated Bylaws ”), effective as of July 30, 2025.”

Empery Digital Inc.: Amended Certificate of Incorporation to change company name from Volcon, Inc. to Empery Digital Inc (effective 2025-07-30).

“On July 28, 2025, Volcon, Inc, (the “ Company ”) amended its Second Amended and Restated Certificate of Incorporation, as amended (the “ Certificate of Incorporation ”), to effect a change of the Company’s name from “Volcon, Inc.” to “Empery Digital Inc.” (the “ Name Change ”), effective as of 11:59 P.M., Eastern Time on July 30, 2025.”

Empery Digital Inc. received a nasdaq delisting notice notice regarding minimum bid price (rules 5550(a)(2)).

“May 13, 2025, the Company received a deficiency letter from the Listing Qualifications Department (the “Staff”) of the Nasdaq Stock Market (“Nasdaq”) notifying the Company that the minimum closing bid price per share for its common stock was below $1.00 for a period of 30 consecutive business days and that the Company did not meet the minimum bid price requirement set forth in Nasdaq Listing Rule 5550(a)(2) (the “Bid Price Rule”).∙ Following a June 24, 2025, hearing with a Nasdaq Hearings Panel (the ”Panel”), the Panel issued its determination, indicating the Company shall demonstrate complian”

Empery Digital Inc.: Amendment to certificate of incorporation to effect a 1-for-8 reverse stock split (effective 2025-06-11).

“The Amendment was filed with the Secretary of State of the State of Delaware and the Reverse Stock Split became effective in accordance with the terms of the Amendment at 11:59 p.m. Eastern Time on June 11, 2025”

Empery Digital Inc. received a nasdaq delisting notice notice regarding minimum bid price (rules 5550(a)(2), 5810(c)(3)(A)(iv)).

“May 13, 2025, the Company received a deficiency letter from the Listing Qualifications Department (the “Staff”) of the Nasdaq Stock Market (“Nasdaq”) notifying the Company that the minimum closing bid price per share for its common stock was below $1.00 for a period of 30 consecutive business days and that the Company did not meet the minimum bid price requirement set forth in Nasdaq Listing Rule 5550(a)(2) (the “Bid Price Rule”). The letter states that pursuant to Nasdaq Listing Rule 5810(c)(3)(A)(iv) the Company is not eligible for any compliance period specified in Nasdaq Listing Rule 5810(”

Empery Digital Inc.: Amendment to certificate of incorporation to effect a 1-for-8 reverse stock split of common stock (effective 2024-11-08).

“Pursuant to such authority granted by the Company’s stockholders, the Company’s board of directors approved a one-for-eight (1:8) reverse stock split (the “Reverse Stock Split”) of the Company’s common stock and the filing of the Amendment to effectuate the Reverse Stock Split. The Amendment was filed with the Secretary of State of the State of Delaware and the Reverse Stock Split will become effective in accordance with the terms of the Amendment at 11:59 p.m. Eastern Time on November 8, 2024 (the “Effective Time”).”

Christian Okonsky resigned as Member of the Board of Directors at Empery Digital Inc..

“On September 9, 2024, Christian Okonsky resigned as a member of the Volcon, Inc. (the “Company”) Board of Directors (the “Board”).”

Adrian Solgaard was appointed as independent member of the Board of Directors at Empery Digital Inc..

“On July 29, 2024, the Board of Directors of Volcon, Inc. (the “Company”) appointed Adrian Solgaard as an independent member of the Company’s Board of Directors effective on such date.”

Empery Digital Inc. entered into Exchange Agreement with certain holders of Series B Warrants to purchase an aggregate of 13,777,011 shares of common stock valued at Exchange of Series B Warrants for shares of common stock (or pre-funded warrants) at a ratio of 0.81 (effective 2024-05-17).

“On May 17, 2024, after giving effect to the Warrant Amendment, the Company and certain holders of Series B Warrants to purchase an aggregate of 13,777,011 shares of common stock (the “Holders”) entered into separate exchange agreements (the “Agreements”) pursuant to which the Company agreed to exchange the Series B Warrants held by the Holders for shares of Company common stock (or, at the option of the Holder, pre-funded warrants) at a ratio of 0.81 shares of Company common stock (or, at the option of the Holder, pre-funded warrants) for each whole Series B Warrant.”

Empery Digital Inc. entered into Warrant Amendment with holders of a majority-in-interest of the Company’s Series B warrants valued at All outstanding Series B Warrants amended to delete provisions for adjustment of exercise price and (effective 2024-05-17).

“On May 17, 2024, Volcon, Inc. (the “Company”) entered into separate warrant amendment agreements (collectively, the “Warrant Amendment”) with the holders of a majority-in-interest of the holders of the Company’s Series B warrants issued on November 17, 2023 (the “Series B Warrants”).”

Empery Digital Inc. reported the quarter ended March 31, 2024 results: revenue $1,033,548, net income $(26,048,044).

“move forward with reducing cost of operations and production.” 1 Financial highlights: 3 Months Ended GAAP March 31, 2024 December 31, 2023 September 30, 2023 Revenue $ 1,033,548 $ 1,083,800 $ 487,430 Cost of goods sold (1,621,580 ) (6,283,944 ) (3,542,468 ) Gross Margin (588,032 ) (5,200,144 ) (3,055,038 Sales & Marketing 760,564 1,365,186 1,870,532”

Empery Digital Inc.: Reduced quorum requirement for a meeting from a majority to one-third in voting power of the stock issued and outstanding and entitled to vote (effective 2024-04-05).

“On April 5, 2024, the Board of Directors of Volcon, Inc. (the “Company”) adopted the Second Amended and Restated Bylaws of Volcon, Inc. (as amended and restated, the “Bylaws”), effective on such date.”

Empery Digital Inc. entered into Exchange Agreements with holders of all of its senior convertible notes valued at approximately $24.68 million aggregate principal amount of Notes (effective 2024-03-03).

“On March 3, 2024, Volcon, Inc. (the “Company”) entered into Exchange Agreements (each, an “Agreement”) with the holders of all of its senior convertible notes (the “Notes”), pursuant to which the holders agreed to exchange approximately $24.68 million aggregate principal amount of Notes for shares of the Company’s Series A convertible preferred stock (the “Preferred Stock”).”

Empery Digital Inc.: Stockholders approved and the board effected a 1-for-45 reverse stock split via an amendment to the certificate of incorporation, effective February 2, 2024 (effective 2024-02-02).

“stockholders of the Company approved, among other items, an amendment to the Company’s amended and restated certificate of incorporation (the “Amendment”) to effect the reverse stock split at a ratio in the range of 1-for-2 to 1-for-45”

Empery Digital Inc. received a nasdaq noncompliance notice notice regarding other (rules 5605(b), 5605(c)(2)).

“t board member, and is no longer eligible to serves as a member of the Company’s audit committee, compensation committee or nominating and governance committee. As such, the Company’s current board of directors does not have a majority of independent board members as required by Nasdaq Listing Rule 5605(b), and the Company’s audit committee no longer has three board members as required by Nasdaq Listing Rule 5605(c)(2). Pursuant to Nasdaq listing rules, the Company will have until the earlier of its next annual shareholders meeting or one year from the occurrence of the event that caused the f”

John Kim was appointed as Chief Executive Officer and President at Empery Digital Inc..

“On January 30, 2024, the Company entered into an employment agreement with John Kim pursuant to which Mr. Kim agreed to serve as the Company’s chief executive officer and president, effective February 3, 2024.”

Greg Endo was appointed as Interim Chief Executive Officer at Empery Digital Inc..

“On January 16, 2024, the Board appointed Greg Endo, the Company’s current Chief Financial Officer as Interim Chief Executive Officer and principal executive officer of the Company effective February 2, 2024.”

Jordan Davis resigned as Chief Executive Officer at Empery Digital Inc..

“On January 14, 2024, Jordan Davis resigned (i) as Chief Executive Officer of Volcon, Inc. (the “Company”) effective February 2, 2024, and (ii) as a member of the Company’s Board of Directors (the “Board”) effective February 2, 2024.”

Empery Digital Inc. shareholders approved To approve an adjournment of the Special Meeting, if necessary, to solicit additional proxies if there are not sufficient votes in favor of the Nasdaq Proposal and/or the Reverse Split Proposal at the 2024-01-12 meeting.

“Proposal 3: To approve an adjournment of the Special Meeting, if necessary, to solicit additional proxies if there are not sufficient votes in favor of the Nasdaq Proposal and/or the Reverse Split Proposal. For Against Abstain Broker Non-Vote 7,823,467 285,511 168,000 0”

Empery Digital Inc. shareholders approved To approve an amendment to the Company's certificate of incorporation to authorize a reverse stock split at a ratio between 1-for-2 to 1-for-45 at the 2024-01-12 meeting.

“Proposal 2: To approve an amendment to the Company's amended and restated certificate of incorporation to grant our Board of Directors authority to effect a reverse stock split of the outstanding shares of the Company’s common stock, at a reverse stock split ratio of between 1-for-2 to 1-for-45 (or any whole number in between), as determined by the Board in its sole discretion, prior to the one-year anniversary of the Special Meeting (the “Reverse Split Proposal”). For Against Abstain Broker Non-Vote 7,798,972 447,523 30,483 0”

Empery Digital Inc. shareholders approved To approve the Warrant Stockholder Approval Provisions for purposes of complying with Nasdaq Listing Rule 5635(d) at the 2024-01-12 meeting.

“Proposal 1: For purposes of complying with Nasdaq Listing Rule 5635(d), to approve the Warrant Stockholder Approval Provisions described in detail in the Proxy Statement (collectively, the “Nasdaq Proposal”). For Against Abstain Broker Non-Vote 2,408,595 70,307 4,710,645 1,087,431”

Empery Digital Inc. received a nasdaq delisting notice notice regarding market value (rules 5550(b)(2), 5810(c)(3)(C)).

“. On July 5, 2023, Volcon, Inc. (the “Company”) was notified by the Listing Qualifications Department (the “Staff”) of the Nasdaq Stock Market (“Nasdaq”) that the market value of its listed securities had been below the minimum $35,000,000 required for continued listing as set forth in Listing Rule 5550(b)(2) (the “Rule”) for the previous 30 consecutive trading days. In accordance with Listing Rule 5810(c)(3)(C), the Company was provided 180 calendar days, or until January 2, 2024, to regain compliance with the Rule. As the Company has not regained compliance with the Rule, on January 4, 2024”

Empery Digital Inc. received a nasdaq delisting notice notice regarding minimum bid price (rules 5810(c)(3)(A)(iii), 5810(c)(3)(A)).

“December 26, 2023, Volcon, Inc. (the “Company”) was notified by the Listing Qualifications Department (the “Staff”) of the Nasdaq Stock Market (“Nasdaq”) that it had determined that the Company’s common stock had a closing bid price of $0.10 or less for ten consecutive trading days from December 11, 2023 through December 22, 2023. Pursuant to Listing Rule 5810(c)(3)(A)(iii), if during the 180-day compliance period provided by Listing Rule 5810(c)(3)(A), a listed security has a closing bid price of $0.10 or less for ten consecutive trading days, the Staff shall proceed with a Staff delisting de”

Empery Digital Inc. received a nasdaq deficiency notice notice regarding minimum bid price (rules 5550(a)(2), 5810(c)(3)(A), 5810(c)(3)(A)(iii)).

“December 26, 2023, the Company was notified by the Staff that it had determined that the Company’s common stock had a closing bid price of $0.10 or less for ten consecutive trading days from December 11, 2023 through December 22, 2023. Pursuant to Listing Rule 5810(c)(3)(A)(iii), if during the Bid Price Compliance Period, a listed security has a closing bid price of $0.10 or less for ten consecutive trading days, the Staff shall proceed with a Staff delisting determination. Pursuant to the new deficiency letter, the Staff notified that the Company that it had determined to delist the Company’s”

Empery Digital Inc. received a nasdaq deficiency notice notice regarding minimum bid price (rules 5550(a)(2), 5810(c)(3)(A)).

“December 19, 2023, the Company received a deficiency letter from the Listing Qualifications Department (the “Staff”) of the Nasdaq Stock Market (“Nasdaq”) notifying the Company that the minimum closing bid price per share for its common stock was below $1.00 for a period of 30 consecutive business days and that the Company did not meet the minimum bid price requirement set forth in Nasdaq Listing Rule 5550(a)(2) (the “Bid Price Rule”). The letter does not have any immediate effect on the listing of the Company’s common stock on the Nasdaq Capital Market. Pursuant to Nasdaq Listing Rule 5810(c)”

Empery Digital Inc. entered into Amendment with Empery Asset Master, LTD, Empery Tax Efficient, LP and Empery Debt Opportunity Fund, LP (effective 2023-11-17).

“On November 17, 2023, the Company entered into an amendment agreement (the “Amendment”) with Empery Asset Master, LTD, Empery Tax Efficient, LP and Empery Debt Opportunity Fund, LP (collectively, the “Holders”), the holders of certain convertible notes and warrants.”

Empery Digital Inc. entered into Underwriting Agreement with Aegis Capital Corp. (effective 2023-11-16).

“On November 16, 2023, Volcon, Inc. (the “Company”) entered into an underwriting agreement (the “Underwriting Agreement”) with Aegis Capital Corp. (the “Underwriter”), in connection with a firm commitment underwritten public offering”

Empery Digital Inc. reported the nine months ended September 30, 2023 results: revenue $2,177,188, net income $(41,655,559).

“Financial highlights: 3 Months Ended Nine Months Ended September GAAP September 30, 2023 June 30, 2023 March 31, 2023 2023 2022 Revenue $ 487,430 $ 519,300 $ 1,170,458 $ 2,177,188 $ 3,795,065 Cost of goods sold (3,542,468 ) (334,647 ) (1,229,981 ) (5,107,096 ) (11,549,871 ) Gross Margin (3,055,038 ) 184,653 ) (59,523 ) (2,929,908 ) (7,754,806 ) Sales & Marketing 1,870,532 2,380,617 1,789,370 6,040,519 3,942,827 Product Development 2,983,197 1,166,732 1,786,351 5,936,280 6,775,768 General & Administrative 1,544,344 1,568,700 1,890,091 5,003,135 7,409,601 Total Operating Expenses 6,398,073 5,116,049 5,465,812 16,979,934 18,128,196 Loss from Operations (9,453,111 ) (4,931,396 ) (5,525,335 ) (19,909,842 ) (25,883,002 ) Other Income (Expense) (1,874,785 ) (18,096,798 ) (1,774,134 ) (21,745,717 ) (554,989 ) Net loss $ (11,327,896 ) $ (23,028,194 ) $ (7,299,469 ) $ (41,655,559 ) $ (26,437,991 )”

Empery Digital Inc. reported the three months ended September 30, 2023 results: revenue $487,430, net income $(11,327,896).

“Financial highlights: 3 Months Ended Nine Months Ended September GAAP September 30, 2023 June 30, 2023 March 31, 2023 2023 2022 Revenue $ 487,430 $ 519,300 $ 1,170,458 $ 2,177,188 $ 3,795,065 Cost of goods sold (3,542,468 ) (334,647 ) (1,229,981 ) (5,107,096 ) (11,549,871 ) Gross Margin (3,055,038 ) 184,653 ) (59,523 ) (2,929,908 ) (7,754,806 ) Sales & Marketing 1,870,532 2,380,617 1,789,370 6,040,519 3,942,827 Product Development 2,983,197 1,166,732 1,786,351 5,936,280 6,775,768 General & Administrative 1,544,344 1,568,700 1,890,091 5,003,135 7,409,601 Total Operating Expenses 6,398,073 5,116,049 5,465,812 16,979,934 18,128,196 Loss from Operations (9,453,111 ) (4,931,396 ) (5,525,335 ) (19,909,842 ) (25,883,002 ) Other Income (Expense) (1,874,785 ) (18,096,798 ) (1,774,134 ) (21,745,717 ) (554,989 ) Net loss $ (11,327,896 ) $ (23,028,194 ) $ (7,299,469 ) $ (41,655,559 ) $ (26,437,991 )”

Empery Digital Inc. entered into Inducement Letter with three holders of the Company’s existing warrants valued at $346,500 (effective 2023-10-30).

“On October 30, 2023, in an effort for Volcon, Inc. (the “Company”) to raise cash, the Company entered into an inducement offer letter agreement (the “Inducement Letter”) with three holders (each, a “Holder”) of the Company’s existing warrants amended and restated on May 24, 2023 (the “Existing Warrants”).”

Empery Digital Inc.: Amended certificate of incorporation to effect a 1-for-5 reverse stock split, effective October 13, 2023 (effective 2023-10-13).

“The Amendment was filed with the Secretary of State of the State of Delaware and the Reverse Stock Split became effective in accordance with the terms of the Amendment at 4:01 p.m. Eastern Time on October 13, 2023 (the “Effective Time”).”

Stephanie Davis was terminated as chief operating officer at Empery Digital Inc..

“On October 10, 2023, the Company eliminated the position of chief operating officer, and terminated Stephanie Davis, the Company’s chief operating officer, from that position.”

Empery Digital Inc. entered into Agreement with Prestige Capital Finance, LLC valued at $6 million (effective 2023-10-06).

“On October 6, 2023, Volcon, Inc. (the “Company”) entered into a factoring agreement (the “Agreement”) with Prestige Capital Finance, LLC (“Prestige”).”

Empery Digital Inc. entered into Agreement with United States Army Engineer Research and Development Center Construction Engineering Research Laboratory (ERDC) (effective 2023-10-04).

“On October 4, 2023, Volcon, Inc. (the “Company”) entered into a cooperative research and development agreement (the “Agreement”) with the United States Army Engineer Research and Development Center Construction Engineering Research Laboratory (the “ERDC”).”

Empery Digital Inc. entered into Vendor Warrants Agreement with Empery Asset Master, LTD; Empery Tax Efficient, LP; Empery Debt Opportunity Fund, LP valued at Company authorized to grant vendor warrants to purchase up to 2 million shares; no Dilutive Issuance (effective 2023-09-22).

“On September 22, 2023, the Company and the Investors entered into an agreement to allow the Company to grant a Company vendor a warrant to purchase up to 2 million shares of Company common stock (the “Vendor Warrants”) prior to September 30, 2023”

Empery Digital Inc. entered into Guaranty Agreement with Volcon Subsidiaries; Empery Tax Efficient, LP (as collateral agent) valued at Volcon Subsidiaries guaranteed payment of Notes (effective 2023-09-22).

“On September 22, 2023, the Volcon Subsidiaries entered into a guaranty agreement (the “Guaranty Agreement”) with in favor of Empery Tax Efficient, LP, in its capacity as collateral agent with respect to the Notes”

Empery Digital Inc. entered into Security Agreement with Empery Tax Efficient, LP (as collateral agent) valued at Company granted security interest in all assets as collateral for Notes (effective 2023-09-22).

“On September 22, 2023, the Company, Volcon ePowersports, LLC, a Delaware limited liability company, a wholly owned subsidiary of the Company (“Volcon Delaware”), and Volcon ePowersports, LLC, a Colorado limited liability company, a wholly owned subsidiary of the Company (“Volcon Colorado” and with Volcon Delaware, the “Volcon Subsidiaries”), entered into a security agreement (the “Security Agreement”) in favor of Empery Tax Efficient, LP, in its capacity as collateral agent with respect to the Notes”

Empery Digital Inc. entered into Note Amendment with Empery Asset Master, LTD; Empery Tax Efficient, LP; Empery Debt Opportunity Fund, LP valued at Amendment of senior convertible notes; extension of maturity to January 31, 2025; reduction of cash (effective 2023-09-14).

“On September 14, 2023, Volcon, Inc. (the “Company”), entered into a note amendment (the “Note Amendment”) with Empery Asset Master, LTD, Empery Tax Efficient, LP and Empery Debt Opportunity Fund, LP (collectively, the “Investors”) pursuant to which the Investors agreed to take the following actions with respect to the amended and restated senior convertible Series A and Series B notes dated as of May 24, 2023 and the new senior convertible notes as of May 24, 2023 (collectively, the “Notes”) previously issued to the Investors : (i) to extend the maturity date from February 24, 2024 to January 31, 2025; (ii) the Notes required us to have unrestricted and unencumbered cash on deposit of $10,000,000 on December 31, 2023. The Note Amendment reduced the cash requirement to $5,000,000 and extended the requirement date to June 30, 2024”

Empery Digital Inc. entered into Underwriting Agreement with Aegis Capital Corp. valued at Up to 1,400,000 shares of common stock, $0.50 per share, net proceeds ~$547,000, underwriting discou (effective 2023-09-15).

“On September 15, 2023, Volcon, Inc. (the “Company”) entered into an underwriting agreement (the “Underwriting Agreement”) with Aegis Capital Corp. (the “Underwriter”), in connection with a public offering (the “Offering”) of an aggregate of 1,400,000 shares (the “Shares”) of the Company’s common stock, par value $0.00001 per share.”