Empery Digital Inc. current report, 07 September 2023

Volcon, Inc. Form 8-K Summary

Business Context and Reporting Period

The filing is a Current Report on Form 8-K filed September 11, 2023, regarding an event occurring September 7, 2023. The registrant identified in the filing is Volcon, Inc., a Delaware corporation whose common stock trades on Nasdaq under the symbol VLCN. The supplied metadata identifies Empery Digital Inc., which does not match the registrant named in the filing.

Key Financial Metrics

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

Material Changes

On September 7, 2023, Volcon entered into indemnification agreements with each member of its board of directors and each executive officer. No changes to financial results or capital structure are reported.

Guidance, Risks, Contingencies, and Unusual Items

  • The agreements require the company to indemnify covered individuals to the fullest extent permitted under Delaware law for liabilities arising from their service to the company.
  • The company must advance expenses incurred in proceedings for which the individuals could be indemnified.
  • The indemnification rights are nonexclusive and may supplement other indemnity rights.
  • The filing does not quantify any potential obligations or disclose a specific pending claim or contingency.

Investor Verification Points

  • Confirm that the intended filing is for Volcon, Inc. rather than Empery Digital Inc.
  • Review Exhibit 10.1 for the detailed terms, scope, exclusions, and procedures under the indemnification agreements.
  • Assess any future financial impact from indemnification obligations, including expense advances or claims.
  • Verify the filing date and event date: September 11, 2023 and September 7, 2023, respectively.