Data Storage Corp 8-K

What Happened
Data Storage Corporation (DTST) filed a Form 8-K on May 27, 2026 disclosing that on May 26, 2026 it entered into an Equity Distribution Agreement with Maxim Group LLC. Under the agreement Maxim may, acting as sales agent or principal, sell the Company’s common stock in “at-the-market” or other permitted transactions using the Company’s existing shelf registration and ATM prospectus (Form S-3, initially filed July 18, 2024; effective July 26, 2024).

Key Details

• Agreement date: May 26, 2026; 8-K filed May 27, 2026.
• Sales agent: Maxim Group LLC may sell shares as agent or principal, including Rule 415 “at-the-market” transactions.
• Fees and costs: Company will pay Maxim a commission of 2.5% of gross proceeds; reimbursements capped at $25,000 plus $2,500 for Maxim’s legal fees on each Bringdown Date.
• Registration/shelf: Offerings would be made under the ATM Prospectus (part of Form S-3, File No. 333-280881) relating to an offering of up to $10,600,000 (as stated in the prospectus).
• Conditions and limits: Maxim’s obligations are subject to customary conditions (including effectiveness of the Registration Statement); the Company is not required to sell any shares and there is no assurance as to timing, price, or amount of any sales. Agreement terminates upon sale of all shares under it or earlier termination per its terms.
• Legal opinion: Parsons Behle & Latimer provided a legal opinion on the legality of the shares (filed as Exhibit 5.1).

Why It Matters
This Agreement gives Data Storage a flexible, on-demand way to raise equity capital through at-the-market sales without a fixed offering size or schedule. For investors, such an arrangement can dilute existing shareholders if the company elects to sell shares, and sales will incur a 2.5% commission plus limited reimbursable expenses. Because sales are discretionary and subject to registration effectiveness, the filing is a financing option rather than a certainty of new issuance.