Empery Digital Inc. 8-K

What Happened
Empery Digital Inc. filed an 8‑K (Item 1.01) reporting that on June 2, 2026 it entered into Amendment No. 2 and Waiver to its At‑The‑Market Issuance Sales Agreement with Aegis Capital Corp. The amendment extends the term of the ATM agreement (originally dated October 18, 2024) and provides that, unless earlier terminated by a party, the agreement will automatically terminate upon the issuance and sale of all shares authorized under the program. The amendment is included as Exhibit 10.1 to the filing.

Key Details

• Parties: Empery Digital Inc. and Aegis Capital Corp.
• Date of amendment: June 2, 2026.
• Original ATM agreement date: October 18, 2024 (as previously amended).
• Term change: The ATM will continue until all authorized shares are issued and sold, unless earlier terminated by either party.
• Filing: Amendment attached as Exhibit 10.1 to the Form 8‑K.

Why It Matters
The amendment maintains Empery Digital’s ability to raise capital by selling shares through its existing ATM facility with Aegis. For investors, an active ATM facility can provide the company with financing flexibility but also represents a potential source of share dilution if and when shares are sold under the program. The 8‑K does not disclose amounts or timing of any planned sales; the attached amendment should be reviewed for full terms.