Empery Digital Inc. 8-K

What Happened
Empery Digital Inc. announced on June 30, 2026 (8‑K filed) that it entered a strategic partnership with Cardinal Power LLC (affiliated with Hunt Properties) and, together with Cardinal’s subsidiary TexStack Infrastructure, formed EMHU, LLC under an Amended and Restated Limited Liability Company Agreement dated June 26, 2026. The Partnership and a related Property Purchase and Sale Agreement (Property PSA) (entered June 29, 2026) target originating, evaluating and acquiring powered land with secured tenants for artificial intelligence and high‑performance computing data center development. Empery (through wholly owned Volcon Epowersports LLC) made an initial capital contribution of $2.9 million and committed an additional $62.1 million upon closing; TexStack contributed $2.5 million initially and holds 75% of the Partnership’s common units (Empery holds 25%).

Key Details

• Empery initial contribution: $2.9 million; committed further contribution: $62.1 million upon contemplated closing.
• TexStack initial contribution: $2.5 million; ownership split: TexStack 75% / Empery 25%.
• TexStack is managing member and may make mandatory pro rata capital calls; Empery irrevocably guaranteed additional capital contributions of its subsidiary (Volcon Epowersports).
• If the Property PSA is terminated before closing, $2.5 million of initial capital is to be returned to TexStack and $400,000 returned to Empery. Empery also has participation, co‑sale and right‑of‑first‑refusal rights (and limited transfer restrictions).

Why It Matters
This filing documents a material strategic transaction and explicit funding obligations: Empery already contributed $2.9M and has an explicit commitment for $62.1M, plus an irrevocable guarantee of subsidiary funding, all disclosed as part of the LLC Agreement. The arrangement gives TexStack managerial control and discretion over distributions and capital calls, and the Partnership’s purpose—acquiring powered land for AI/HPC data centers—could affect Empery’s future asset base and capital needs. Investors should note the size and timing of Empery’s committed funding, the managing member’s authority, and the return provisions if the Property PSA does not close. The company issued a press release on June 30, 2026; the LLC Agreement is filed as an exhibit (with certain redactions).