{"url_path":"/sec/empd/8-k/2026-06-03/item-1-01","section_key":"item-1-01","section_title":"Item 1.01 Entry Into a Material Definitive Agreement.**","topic":"sec","document":{"doc_type":"8-K","doc_date":"2026-06-03","source_url":"https://www.sec.gov/Archives/edgar/data/1829794/0001683168-26-004479-index.html","accession_number":"0001683168-26-004479","cik":"0001829794","ticker":"EMPD","issuer_name":"Empery Digital Inc.","edgar_url":"https://www.sec.gov/Archives/edgar/data/1829794/0001683168-26-004479-index.html","primary_entity_key":"0001829794","primary_entity_name":"Empery Digital Inc."},"word_count":132,"has_tables":true,"body_markdown":"**Item 1.01 Entry Into a Material Definitive Agreement.**\n\n \n\n*Amendment of At-The-Market Issuance\nSales Agreement*\n\n \n\nOn June 2, 2026, Empery Digital Inc. (the “**Company**”)\nentered into Amendment No. 2 and Waiver to the At-The-Market Issuance Sales Agreement (the “**ATM Amendment**”) with Aegis\nCapital Corp. (“**Aegis**”) which, among other matters, extends the term of the At-The-Market Issuance Sales Agreement\ndated October 18, 2024, between the Company and Aegis, as amended, such that, unless earlier terminated by one of the parties thereto,\nit will automatically terminate upon the issuance and sale of all of the shares authorized thereunder.\n\n \n\nThe foregoing description of terms and conditions\nof the ATM Amendment does not purport to be complete and is qualified in its entirety by the full text of such document, which is attached\nhereto as Exhibit 10.1."}