secwatch / observer

Empery Digital Inc. — fact timeline

Source-grounded facts extracted from Empery Digital Inc.'s SEC 8-K filings across all families, newest first. Each cites a verbatim SEC excerpt.

EMPD Empery Digital Inc. JSON
Debt Financings

Empery Digital Inc. amended convertible notes with Empery Asset Master, LTD, Empery Tax Efficient, LP and Empery Debt Opportunity Fund, LP maturing extend the maturity date from February 24, 2024 to January 31, 2025.

“On September 14, 2023, the Company entered into a note amendment (the “Note Amendment”) with the Investors pursuant to which the Investors agreed to take the following actions with respect to the Notes: (i) to extend the maturity date from February 24, 2024 to January 31, 2025”
Material Agreements

Empery Digital Inc. amended Note Amendment with Empery Asset Master, LTD, Empery Tax Efficient, LP and Empery Debt Opportunity Fund, LP (effective 2023-09-14).

“On September 14, 2023, the Company entered into a note amendment (the “Note Amendment”) with the Investors pursuant to which the Investors agreed to take the following actions with respect to the Notes”
Material Agreements

Empery Digital Inc. entered into Waiver and Modification Agreement with Empery Asset Master, LTD, Empery Tax Efficient, LP and Empery Debt Opportunity Fund, LP (effective 2023-09-14).

“On September 14, 2023, the Company entered into a Waiver and Modification Agreement (the “Waiver Agreement”) with the Investors”
Earnings Releases

Empery Digital Inc. reported second quarter of 2023 results: revenue $519,300, net income $23.0 million.

“until they are fulfilled. 1 Financial highlights: 3 Months Ended Six Months Ended GAAP June 30, 2023 March 31, 2023 December 31, 2022 June 30, 2023 June 30, 2022 Revenue $ 519,300 $ 1,170,458 $ 751,621 $ 1,689,758 $ 3,552,355 Cost of goods sold (334,647 ) (1,229,981 ) (1,862,949 ) (1,564,628 ) (9,537,042 ) Gross Margin 184,653 (59,523 ) (1,111,328 ) 125,130”
Earnings Releases

Empery Digital Inc. reported the three and six months ended June 30, 2023 results: revenue $ 519,300, net income $ (23,028,194 ).

“until they are fulfilled. 1 Financial highlights: 3 Months Ended Six Months Ended GAAP June 30, 2023 March 31, 2023 December 31, 2022 June 30, 2023 June 30, 2022 Revenue $ 519,300 $ 1,170,458 $ 751,621 $ 1,689,758 $ 3,552,355 Cost of goods sold (334,647 ) (1,229,981 ) (1,862,949 ) (1,564,628 ) (9,537,042 ) Gross Margin 184,653 (59,523 ) (1,111,328 ) 125,130”
Shareholder Votes

Empery Digital Inc. shareholders approved Approval to adjourn the special meeting to solicit additional proxies if necessary at the 2023-08-03 meeting.

“was approved based upon the following votes: For Against Abstain Broker Non-Vote 14,725,610 1,200,282 137,624 0”
Shareholder Votes

Empery Digital Inc. shareholders approved Approval of issuance of shares upon conversion of notes, adjustment of conversion/exercise prices, and modification of floor price definitions (Nasdaq Proposal) at the 2023-08-03 meeting.

“The Nasdaq Proposal was approved based upon the following votes: For Against Abstain Broker Non-Vote 14,664,984 1,266,505 132,027 0”
Listing & Compliance Notices

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

“July 6, 2023, the Company received a letter (the “July 6 Letter”) from the Staff 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 July 6 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)(3)(A), the Company has a compliance period of 180 calendar days, o”
Listing & Compliance Notices

Empery Digital Inc. received a nasdaq deficiency notice notice regarding market value (rules 5550(b)(2), 5550(b)(1), 5550(b)(3)).

“July 5, 2023, Volcon, Inc. (the “Company”) received a letter (the “July 5 Letter”) from the staff of the Listing Qualifications Department (the “Staff”) of The Nasdaq Stock Market LLC (“Nasdaq”), which notified the Company that it does not presently comply with Nasdaq’s Listing Rule 5550(b)(2), which requires that the Company maintain a Market Value of Listed Securities (“MVLS”) of $35 million, and that the Company also does not otherwise satisfy the requirements of Listing Rules 5550(b)(1) and 5550(b)(3). The Staff calculates MVLS based upon the most recent Total Shares Outstanding (TSO), mul”
Governance Changes

Empery Digital Inc.: Amendment to increase authorized common shares from 100,000,000 to 250,000,000 (effective 2023-06-15).

“A Certificate of Amendment to the Company's Second Amended and Restated Certificate of Incorporation (the “Certificate of Amendment”) was filed with the Secretary of State of the State of Delaware to effect the Authorized Share Increase on June 15, 2023.”
Shareholder Votes

Empery Digital Inc. shareholders approved Proposal 4: The appointment of MaloneBailey, LLP as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2023. at the 2023-06-14 meeting.

“Proposal 4 : The appointment of MaloneBailey, LLP as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2023 was ratified, having received the following votes: For Against Abstain Broker Non-Vote 14,890,544 88,914 221,406 0”
Shareholder Votes

Empery Digital Inc. shareholders approved Proposal 2: The amendment to the Company’s Second Amended and Restated Certificate of Incorporation to increase the number of authorized shares of common stock from 100,000,000 to 250,000,000 shares. at the 2023-06-14 meeting.

“Proposal 2 : The amendment to the Company’s Second Amended and Restated Certificate of Incorporation (the “Certificate of Incorporation”) to increase the number of authorized shares of common stock from 100,000,000 to 250,000,000 shares was approved based upon the following votes: For Against Abstain Broker Non-Vote 12,675,480 2,254,160 271,224 0”
Shareholder Votes

Empery Digital Inc. shareholders approved Proposal 1: The five nominees named in the Proxy Statement were elected to serve a one-year term expiring at the 2024 Annual Meeting of the Stockholders or until his or her successor is duly elected and qualified. at the 2023-06-14 meeting.

“Proposal 1 : The five nominees named in the Proxy Statement were elected to serve a one-year term expiring at the 2024 Annual Meeting of the Stockholders or until his or her successor is duly elected and qualified, based upon the following votes: Nominee For Withheld Broker Non-Vote Jordan Davis 11,762,069 241,864 3,196,931 Jonathan Foster 11,737,741 266,192 3,196,931 John Kim 11,725,149 278,784 3,196,931 Christian Okonsky 11,665,151 338,782 3,196,931 Karin-Joyce Tjon 11,715,971 287,962 3,196,931”
Material Agreements

Empery Digital Inc. entered into Underwriting Agreement with Aegis Capital Corp. valued at approximately $4.0 million (effective 2023-05-22).

“On May 22, 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 6,000,000 shares (the “Shares”) of the Company’s common stock”
Material Agreements

Empery Digital Inc. entered into Securities Purchase and Exchange Agreement with certain institutional investors valued at approximately $4.5 million in gross proceeds (effective 2023-05-19).

“On May 19, 2023, Volcon, Inc. (the “Company”) entered into a Securities Purchase and Exchange Agreement (the “Purchase Agreement”) with certain institutional investors”
Earnings Releases

Empery Digital Inc. reported first quarter of 2023 results: revenue $ 1,170,458, net income $ (7,299,469 ).

“Financial highlights: GAAP 3 Months Ended March 31, 2023 December 31, 2022 September 30, 2022 Revenue $ 1,170,458 $ 751,621 $ 242,710 Cost of goods sold (1,229,981 ) (1,862,949 ) (2,012,829 ) Gross Margin (59,523 ) (1,111,328 ) (1,770,119 ) Sales & Marketing 1,789,370 1,751,729 1,282,014 Product Development 1,786,351 1,680,389 2,177,347 General & Administrative 1,890,091 1,637,176 2,085,211 Total Operating Expenses 5,465,812 5,069,294 5,544,572 Loss from Operations (5,525,335 ) (6,180,622 ) (7,314,691 ) Other Income (Expense) (1,774,134 ) (1,616,791 ) (584,493 ) Net loss $ (7,299,469 ) $ (7,797,413 ) $ (7,899,184 )”
Earnings Releases

Empery Digital Inc. reported fiscal year 2022 results: revenue $4.6 million, net income $34.2 million.

“the Grunt to prepare for the launch of the Grunt EVO. Lower Grunt sales were offset by sales of the Brat in the fourth quarter of 2022. The Company’s revenue for fiscal 2022 was $4.6 million compared to $0.4 million for fiscal 2021. In fiscal 2021 the Company had just begun selling the Grunt in September 2021. 2 · Net loss: The Company’s net loss was $7.8 million for”

Adrian James departed as Director at Empery Digital Inc..

“Director’s Decision Not to Stand for Re-Election”

Bruce Riggs resigned as Chief Operating Officer at Empery Digital Inc..

“Ms. Davis succeeded Bruce Riggs, who resigned as the Company’s COO, effective December 12, 2021.”

Stephanie Davis was appointed as Chief Operating Officer at Empery Digital Inc..

“On January 6, 2022, the Board of Directors of the Company (the “ Board ”) approved the appointment of Stephanie Davis to Chief Operating Officer (the “ COO ”) of the Company, effective January 3, 2022.”

Facts are extracted by an LLM and gated to those whose source quote is present verbatim in the filing text. Coverage is best-effort while backfill and monitoring mature; this is not yet a full-market index. See methodology.