Empery Digital Inc. current report, 14 January 2024

Business Context and Reporting Period

This Form 8-K was filed by Volcon, Inc. (NASDAQ: VLCN), although the request metadata identifies Empery Digital Inc. The report was filed on January 19, 2024, regarding events beginning January 14, 2024. The filing concerns executive leadership changes under Item 5.02.

Key Financial Metrics

The filing does not provide revenue, profit, cash flow, margins, debt, liquidity, or other financial metrics.

Material Changes

  • Jordan Davis resigned as Chief Executive Officer and as a member of the Board, both effective February 2, 2024.
  • Mr. Davis stated that he was leaving for personal reasons and to pursue other professional opportunities.
  • The filing states that his Board resignation was not due to any disagreement with the Company regarding operations, policies, or practices.
  • On January 16, 2024, the Board appointed Greg Endo, the Company’s existing Chief Financial Officer, as Interim Chief Executive Officer and principal executive officer, effective February 2, 2024.
  • The Company is conducting a search for a permanent CEO successor.
  • The Company intends to enter into a 30-day consulting agreement with Mr. Davis for total fees of $12,500, ending March 3, 2024.

Guidance, Outlook, Risks, and Unusual Items

The filing provides no financial guidance or operating outlook. Key considerations include the transition to interim leadership, the ongoing search for a permanent CEO, and the planned consulting arrangement with the departing CEO. No additional contingencies or unusual financial items are disclosed.

Facts Investors Should Verify

  • Confirm the correct registrant: the filing identifies Volcon, Inc., not Empery Digital Inc.
  • Verify that Mr. Davis’s CEO and Board departures became effective February 2, 2024.
  • Monitor the appointment and qualifications of the permanent CEO successor.
  • Verify the execution and terms of the planned $12,500 consulting agreement.
  • Assess whether the leadership transition affects Volcon’s operating plans, financing needs, or Nasdaq listing status in subsequent filings.