Empery Digital Inc. quarterly report, Q1 FY2022

Filing summary

Entity mismatch: The request identifies Empery Digital Inc., but the supplied Form 10-Q is for Volcon, Inc. This summary reflects Volcon’s filing for the three months ended March 31, 2022.

Business context and reporting period

Volcon develops and manufactures all-electric off-road powersports vehicles. The unaudited quarter covers January 1 through March 31, 2022; comparisons are with the quarter ended March 31, 2021. Volcon began recognizing Grunt sales and was expanding its dealer network and developing additional products.

Financial performance and position

  • Revenue: $1.18 million, versus none a year earlier, including $1.17 million from Grunts. The company recognized revenue on 123 Grunts and 63 Grunts shipped to Latin American importers.
  • Gross result: Gross loss of $2.34 million, or approximately negative 198% gross margin, compared with no revenue or cost of goods sold in Q1 2021. Cost of goods sold was $3.53 million.
  • Operating expenses and net loss: Operating expenses were $6.31 million, down from $15.30 million; operating loss was $8.65 million and net loss was $8.61 million, versus $15.32 million. Basic and diluted loss per share was $0.40, versus $7.69.
  • Cash flow: Operating cash use was $9.45 million, investing cash use $0.22 million, and financing inflow $18.10 million. Cash increased by $8.43 million to $14.00 million.
  • Liquidity: Current assets were $21.17 million and current liabilities $5.91 million, yielding working capital of approximately $15.26 million and a current ratio of about 3.6.
  • Debt and leases: Notes payable totaled $81,818, including $16,961 current. Operating lease liabilities were reported at $2.28 million on the balance sheet; the lease maturity table reports $4.47 million present value and notes that it includes the Liberty Hill facility lease.
  • Equity: Stockholders’ equity was $17.37 million. A February public offering of 6.67 million shares raised $18.09 million net; shares outstanding were 24.11 million at quarter-end.

Material changes versus prior period

  • Revenue began in Q1 2022, but vehicle production and delivery costs exceeded sales, resulting in a substantial gross loss.
  • Net loss narrowed by $6.71 million. The comparison is heavily affected by Q1 2021’s $13.03 million expense for founder-related warrants; 2022 general and administrative expense fell to $2.79 million from $13.40 million.
  • Sales and marketing expense rose to $1.01 million from $0.34 million, and product development expense rose to $2.50 million from $1.56 million.
  • Operating cash use increased to $9.45 million from $3.00 million, while the February 2022 equity offering materially increased cash and share count.

Outlook, risks, and unusual items

  • Going concern: Management states that recurring losses and negative operating cash flows raise substantial doubt about the company’s ability to continue as a going concern. It anticipates cash on hand will not fund planned operations beyond one year from issuance of the financial statements and expects to seek loans or equity financing; additional funding is not assured.
  • Operating plans: Management expected dealer shipments of Grunts to begin in May 2022; sales of the Runt, upgraded Grunt EVO, and third-party-manufactured Brat were expected in Q4 2022. A Stag prototype was expected in the second half of 2022, with initial customer deliveries in the second half of 2023. These are forward-looking expectations, not guarantees.
  • Manufacturing facility: After quarter-end, on April 27, 2022, Volcon notified a founder-controlled landlord that it would terminate the planned Liberty Hill facility lease. It was negotiating the return of security deposits and prepaid rent, net of certain design costs. The company was assessing other facilities or third-party manufacturing for the Stag; failure to secure a suitable option could impair production.
  • Supply and demand risks: Management cited possible shipping-related manufacturing delays over the next 6–9 months, supply-chain and battery-cell risks related to the Russia–Ukraine conflict, COVID-19 impacts, and uncertainty in customer demand. It expected unit costs to decline with manufacturing efficiencies, higher-volume purchasing, and additional suppliers.
  • Related-party arrangements: The planned Liberty Hill facility involved an entity controlled by the founders and was not conducted at arm’s length. The filing also describes founder-affiliated consulting warrants and potential transaction- and market-capitalization-based payments.
  • Controls: Management concluded disclosure controls and procedures were not effective as of March 31, 2022, and said it was identifying corrective actions. It nevertheless stated the financial statements fairly present the company’s financial position and results in all material respects.
  • Tax: No income-tax provision or benefit was recorded; deferred tax assets were substantially offset by a valuation allowance.

Important facts for investors to verify

  • Confirm the intended issuer: the supplied filing is Volcon, Inc., not Empery Digital Inc.
  • Track actual operating cash burn, funding needs, and any subsequent financing or liquidity developments.
  • Verify dealer shipments, delivery volumes, production economics, and progress toward stated product launch timelines.
  • Confirm the financial and contractual outcome of terminating the founder-related Liberty Hill lease, including recoverable deposits and costs, and how Stag manufacturing will be arranged.
  • Assess whether disclosure-control remediation occurred and review the potential dilution and contingent payments tied to warrants and founder-affiliated agreements.