Empery Digital amends at-the-market program
Sentiment and the balance of points
Rhea-AI Sentiment reads the wording of the document, how positive or negative its language is on a 1 to 5 scale. The balance of points shown with the takes weighs what the document actually discloses, so the two can disagree, for example when a trial that missed its main goal is described in upbeat language.
Form Type
8-K
Rhea-AI Filing Summary
Empery Digital Inc. entered into Amendment No. 2 and Waiver to its existing at-the-market issuance sales agreement with Aegis Capital Corp. The amendment, dated June 2, 2026, extends the agreement so that it will automatically terminate only after all shares authorized under the program have been issued and sold, unless ended earlier by either party.
8-K Event Classification
2 items: 1.01, 9.01
2 items
Item 1.01
Entry into a Material Definitive Agreement
Business
The company signed a significant contract such as a merger agreement, credit facility, or major partnership.
Item 9.01
Financial Statements and Exhibits
Exhibits
Financial statements, pro forma financial information, or exhibit attachments filed with this report.
Key Terms
At-The-Market Issuance Sales Agreement, material definitive agreement, emerging growth company, waiver
4 terms
At-The-Market Issuance Sales Agreement financial
"entered into Amendment No. 2 and Waiver to the At-The-Market Issuance Sales Agreement"
An at-the-market issuance sales agreement lets a company sell newly created shares directly into the public market at the current market price through a broker, on an ongoing basis rather than in one large deal. For investors, it matters because it can provide the company with flexible cash like adding fuel a little at a time, but it can also reduce each existing share’s ownership percentage and put downward pressure on the stock if sales are large.
material definitive agreement regulatory
"Item 1.01 Entry Into a Material Definitive Agreement."
A material definitive agreement is a legally binding contract that creates major, long‑term obligations or rights for a company, such as loans, asset sales, mergers, or supplier deals. Think of it like a mortgage or lease for a business: it can change future cash flow, risk and control, so investors watch these agreements closely because they can materially affect a company’s value, financial health and stock price.
emerging growth company regulatory
"Emerging growth company"
An emerging growth company is a recently public or smaller public firm that qualifies for temporary, lighter regulatory and disclosure rules to reduce the cost and effort of being public. For investors, it means the company may provide less historical financial detail and face fewer reporting requirements than larger firms, so it can grow more quickly but also carries higher uncertainty—like buying a promising early-stage product with fewer user reviews.
waiver financial
"Amendment No. 2 and Waiver to the At-The-Market Issuance Sales Agreement"
FAQ
AI-generated questions and answers. How Rhea-AI works. Not financial advice.
What did Empery Digital Inc. (EMPD) announce in this 8-K filing?
Empery Digital Inc. reported signing Amendment No. 2 and Waiver to its at-the-market issuance sales agreement with Aegis Capital Corp., extending the agreement’s term until all authorized shares under the program are issued and sold, unless earlier terminated by a party.
Who is Empery Digital’s sales agent under the amended at-the-market program?
Aegis Capital Corp. acts as Empery Digital’s sales agent under the amended at-the-market issuance sales agreement. The June 2, 2026 amendment continues this relationship while adjusting the agreement’s term to end once all authorized shares under the program have been sold.
How does the amendment affect the term of Empery Digital’s ATM agreement?
The amendment changes the term so the at-the-market issuance sales agreement will automatically terminate upon issuance and sale of all shares authorized under the program, unless one of the parties ends it earlier, clarifying how long the arrangement can remain in place for share sales.
When was Empery Digital’s original at-the-market agreement with Aegis dated?
The original at-the-market issuance sales agreement between Empery Digital and Aegis Capital Corp. was dated October 18, 2024. The June 2, 2026 amendment modifies that prior agreement, including extending how long it can remain active for potential share issuances.
Where can investors find the full text of Empery Digital’s ATM amendment?
The full text of Amendment No. 2 and Waiver to the at-the-market issuance sales agreement is filed as Exhibit 10.1 to the report. The company’s description is expressly qualified by reference to this exhibit, which provides the complete contractual details.
AI-generated analysis. How Rhea-AI works. Not financial advice.
Accepted by SEC EDGAR
Learn about SEC filing dates