Empery Digital Inc. (EMPD) - Form 8-K Summary
Business Context and Reporting Period
Empery Digital Inc., a Delaware corporation and emerging growth company, filed this Current Report on Form 8-K on June 3, 2026, regarding events occurring on June 2, 2026. The company is headquartered in Round Rock, Texas, and its common stock trades on the NASDAQ under the symbol "EMPD."
Key Financial Metrics
This filing does not contain financial statements, revenue, profit, cash flow, margin, debt, or liquidity data. The report focuses exclusively on a corporate agreement amendment.
Material Changes
The primary material event reported is the entry into a Material Definitive Agreement (Item 1.01). On June 2, 2026, the Company entered into Amendment No. 2 and Waiver to its At-The-Market (ATM) Issuance Sales Agreement with Aegis Capital Corp. This amendment extends the term of the original agreement, dated October 18, 2024. Under the amended terms, the agreement will automatically terminate only upon the issuance and sale of all shares authorized thereunder, unless earlier terminated by either party.
Guidance, Outlook, and Risks
The filing contains no management commentary, financial guidance, outlook, or discussion of risks and contingencies beyond the standard qualification that the description of the ATM Amendment is not complete and is qualified by the full text of the agreement attached as Exhibit 10.1.
Key Facts for Investor Verification
- Verify the total number of shares remaining authorized for issuance under the amended ATM agreement.
- Review the full text of Amendment No. 2 (Exhibit 10.1) for specific waiver terms and any changes to pricing or commission structures.
- Confirm the current market price of EMPD stock relative to the average price of recent ATM sales to assess dilution impact.
- Check subsequent filings for any actual share issuances under this extended agreement.