Empery Asset Mgmt. Updates Volcon Stake: 20.4M Shares Disclosed

TL;DR

**Empery Asset Management now holds 20.4 million shares of Volcon, Inc., including warrants, as of year-end 2023.**

AI Summary

Empery Asset Management, LP, a Delaware-based investment firm, filed an amended SC 13G/A on January 11, 2024, disclosing its beneficial ownership in Volcon, Inc. as of December 31, 2023. The filing indicates Empery has shared voting power over 500,000 shares of common stock and shared dispositive power over 20,400,767 shares, which includes 19,900,767 shares issuable upon warrant exercise. This matters to investors because it shows a significant institutional holder's updated stake, potentially signaling their confidence or lack thereof in Volcon's future.

Why It Matters

This filing reveals a major institutional investor's current position in Volcon, Inc., which can influence market perception and potentially the stock price due to the size of their holdings.

Risk Assessment

Risk Level: medium — While an institutional holding can be a positive signal, the large number of shares issuable from warrants could lead to dilution if exercised, posing a risk to existing shareholders.

Analyst Insight

Investors should monitor future filings from Empery Asset Management, LP for changes in their Volcon, Inc. holdings, especially regarding the exercise of warrants, as this could impact share dilution and stock price.

Key Numbers

• 500,000 shares — Common Stock with shared voting power (Represents direct voting control over a portion of Volcon's shares by Empery Asset Management, LP.)
• 19,900,767 shares — Common Stock issuable upon exercise of Warrants (Indicates potential future shares that could be added to Volcon's outstanding share count, held by Empery Asset Management, LP.)
• 20,400,767 shares — Total shares with shared dispositive power (This is the combined total of common stock and shares from warrants that Empery Asset Management, LP can control the sale of.)
• 0.00001 — par value (The nominal value per share of Volcon, Inc. Common Stock.)
• 92864V202 — CUSIP Number (Unique identification number for Volcon, Inc. Common Stock.)

Key Players & Entities

• Empery Asset Management, LP (company) — reporting person and beneficial owner
• Volcon, Inc. (company) — subject company (issuer)
• Delaware (company) — place of organization for Empery Asset Management, LP
• December 31, 2023 (date) — date of event requiring the filing
• January 11, 2024 (date) — filing date of the SC 13G/A

Forward-Looking Statements

• Empery Asset Management, LP will maintain a significant stake in Volcon, Inc. for the near future. (Empery Asset Management, LP) — medium confidence, target: Q2 2024
• The exercise of warrants by Empery Asset Management, LP could lead to an increase in Volcon, Inc.'s outstanding share count. (Volcon, Inc.) — high confidence, target: Q4 2024

FAQ

Key Financial Figures

• $0.00001 — me of Issuer) Common Stock, par value $0.00001 (Title of Class of Securities) 92864

Filing Documents

• p24-0076sc13ga.htm (SC 13G/A) — 77KB
• 0000902664-24-000177.txt ( ) — 78KB

(a)

Item 1(a). NAME OF ISSUER: The name of the issuer is Volcon, Inc. (the " Company ").

(b)

Item 1(b). ADDRESS OF ISSUER'S PRINCIPAL EXECUTIVE OFFICES: The Company's principal executive offices are located at 3121 Eagles Nest, Suite 120, Round Rock, TX 78665.

(a)

Item 2(a). NAME OF PERSON FILING: This statement is filed by the entities and persons listed below, who are collectively referred to herein as " Reporting Persons ," with respect to the Common Stock (as defined in Item 2(d) below) of the Company: Investment Manager (i)Empery Asset Management, LP (the " Investment Manager "), with respect to the shares of Common Stock underlying the Reported Warrants and Reported Notes (as defined below) held by funds to which the Investment Manager serves as investment manager (the " Empery Funds "). Reporting Individuals (ii)Mr. Ryan M. Lane (" Mr. Lane "), with respect to the shares of Common Stock underlying the Reported Warrants and Reported Notes held by, the Empery Funds. (iii)Mr. Martin D. Hoe (" Mr. Hoe "), with respect to the shares of Common Stock underlying the Reported Warrants and Reported Notes held by, the Empery Funds. The Investment Manager serves as the investment manager to each of the Empery Funds. Each of Mr. Lane and Mr. Hoe (the " Reporting Individuals ") is a Managing Member of Empery AM GP, LLC (the " General Partner "), the general partner of the Investment Manager.

(b)

Item 2(b). ADDRESS OF PRINCIPAL BUSINESS OFFICE OR, IF NONE, RESIDENCE: The address of the business office of each of the Reporting Persons is: 1 Rockefeller Plaza, Suite 1205 New York, New York 10020 CUSIP No. 92864V202 13G/A Page 6 of 9 Pages

(c)

Item 2(c). CITIZENSHIP: Citizenship is set forth in Row 4 of the cover page for each Reporting Person hereto and is incorporated herein by reference for each such Reporting Person.

(d)

Item 2(d). TITLE OF CLASS OF SECURITIES: Common Stock, par value $0.00001 (the " Common Stock ")

(e)

Item 2(e). CUSIP NUMBER: 92864V202 Item 3. IF THIS STATEMENT IS FILED PURSUANT TO RULES 13d-1(b) OR 13d-2(b) OR (c), CHECK WHETHER THE PERSON FILING IS A: (a) ¨ Broker or dealer registered under Section 15 of the Act, (b) ¨ Bank as defined in Section 3(a)(6) of the Act, (c) ¨ Insurance Company as defined in Section 3(a)(19) of the Act, (d) ¨ Investment Company registered under Section 8 of the Investment Company Act of 1940, (e) x Investment Adviser registered under Section 203 of the Investment Advisers Act of 1940, (f) ¨ Employee Benefit Plan or Endowment Fund in accordance with Rule 13d1(b)(1)(ii)(F), (g) ¨ Parent Holding Company or control person in accordance with Rule 13d1(b)(1)(ii)(G), (h) ¨ Savings Association as defined in Section 3(b) of the Federal Deposit Insurance Act, (i) ¨ Church Plan that is excluded from the definition of an investment company under Section 3(c)(14) of the Investment Company Act of 1940, (j) ¨ A non-U.S. institution in accordance with Rule 13d-1(b)(1)(ii)(J); (k) ¨ Group, in accordance with Rule 13d-1(b)(1)(ii)(K). CUSIP No. 92864V202 13G/A Page 7 of 9 Pages If filing as a non-U.S. institution in accordance with Rule 13d-1(b)(1)(ii)(J), please specify the type of institution: Item 4. The information as of the date of the event which requires filing of this statement required by Items 4(a) – (c) is set forth in Rows 5 – 11 of the cover page for each Reporting Person hereto and is incorporated herein by reference for each such Reporting Person. The percentage set forth in Row 11 of the cover page for each Reporting Person is based on 12,825,320 shares of Common Stock issued and outstanding as of November 17, 2023, as represented in the Company's Definitive Proxy Statement on Schedule 14A filed with the Securities and Exchange Commission on December 11, 2023 and assumes the exercise of the Company's reported warrants (the "

SIGNATURES

SIGNATURES After reasonable inquiry and to the best of our knowledge and belief, the undersigned certify that the information set forth in this statement is true, complete and correct. DATED: January 11, 2024 EMPERY ASSET MANAGEMENT, LP By: EMPERY AM GP, LLC, its General Partner By: /s/ Ryan M. Lane Name: Ryan M. Lane Title: Managing Member /s/ Ryan M. Lane Ryan M. Lane /s/ Martin D. Hoe Martin D. Hoe

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