Empery Digital Inc. Terminates Material Agreement
Ticker: EMPD · Form: 8-K · Filed: Sep 18, 2025 · CIK: 1829794
Sentiment: neutral
Topics: agreement-termination, corporate-update
TL;DR
Empery Digital just terminated a big deal, details TBD.
AI Summary
Empery Digital Inc. (formerly Volcon, Inc.) filed an 8-K on September 18, 2025, to report the termination of a material definitive agreement. The filing does not specify the other party involved in the agreement or the nature of the agreement.
Why It Matters
The termination of a material definitive agreement can significantly impact a company's operations, financial standing, and future strategic direction.
Risk Assessment
Risk Level: medium — Termination of a material agreement can signal underlying business issues or a change in strategic direction, warranting closer scrutiny.
Key Players & Entities
- Empery Digital Inc. (company) — Registrant
- Volcon, Inc. (company) — Former company name
- September 18, 2025 (date) — Date of report and earliest event
- 3121 Eagles Nest Street, Suite 120 (address) — Principal executive offices
- Round Rock, TX 78665 (address) — Principal executive offices
FAQ
What was the material definitive agreement that was terminated?
The filing does not specify the nature of the material definitive agreement that was terminated.
Who was the other party to the terminated agreement?
The filing does not disclose the identity of the other party involved in the terminated material definitive agreement.
What is the effective date of the termination?
The termination of the material definitive agreement was reported as of September 18, 2025.
What is the reason for the termination of the agreement?
The filing does not provide a reason for the termination of the material definitive agreement.
Has Empery Digital Inc. undergone any name changes recently?
Yes, Empery Digital Inc. was formerly known as Volcon, Inc. and changed its name on July 31, 2025.
Filing Stats: 601 words · 2 min read · ~2 pages · Grade level 12.1 · Accepted 2025-09-18 12:05:47
Key Financial Figures
- $0.00001 — h registered Common Stock , par value $0.00001 per share EMPD NASDAQ Indicate by
Filing Documents
- empery_8k.htm (8-K) — 25KB
- 0001683168-25-007095.txt ( ) — 186KB
- empd-20250918.xsd (EX-101.SCH) — 3KB
- empd-20250918_lab.xml (EX-101.LAB) — 33KB
- empd-20250918_pre.xml (EX-101.PRE) — 22KB
- empery_8k_htm.xml (XML) — 4KB
02 Termination of a Material Definitive
Item 1.02 Termination of a Material Definitive Agreement. On September 18, 2025, Empery Digital Inc., (the " Company ") received a notice of termination from Super Sonic Company Limited (" Super Sonic ") pursuant to which Super Sonic terminated that certain distribution agreement dated January 31, 2025 between the Company and Super Sonic (the " Super Sonic Agreement ") pursuant to which the Company served as Super Sonic's exclusive distributor of certain of its golf cart products in the United States. The termination, which was effective upon receipt of the notice from Super Sonic, was affected pursuant to Section 2.01 of the Super Sonic Agreement on the grounds that the Company has failed to meet the minimum purchase requirement under the Super Sonic Agreement for two consecutive months, which gives Super Sonic the right to immediately terminate the Super Sonic Agreement. The termination also eliminates any obligation of the Company to issue equity to Super Sonic pursuant to the terms of the Super Sonic Agreement. The Company is not subject to any early termination penalties related to the termination of the Super Sonic Agreement. Prior to the termination, the Super Sonic Agreement would have required the Company to issue 1% of its outstanding shares of common stock for each 1,000 units ordered in 2025, up to 7,000 units. In addition, the Company would have been required to grant Super Sonic a board of director seat if the Company ordered up to 10,000 units before February 1, 2026. 2
SIGNATURES
SIGNATURES Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Empery Digital Inc. (Registrant) Date: September 18, 2025 /s/ Greg Endo Greg Endo Chief Financial Officer 3