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8-K filing — Empery Digital Inc. (EMPD)
Filed: 2026-10-15 AccNo: 0001683168-26-007893 Size: 210 KB Item 7.01: Regulation FD Disclosure Item 9.01: Financial Statements and Exhibits
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Leading Independent Proxy Advisory Firm ISS Recommends Empery Digital Stockholders Vote on ATG Capital's GOLD Proxy Card
Proxy advisory firm ISS recommended Empery Digital stockholders vote for two of ATG Capital's four director nominees and withhold support from two incumbent directors. ISS found the board improperly rejected ATG Capital's nominations and criticized the board's functioning as 'less than robust,' supporting ATG Capital's case for boardroom change ahead of the October 14 annual meeting.
ATG Capital Releases Investor Presentation on Empery Digital and the Need for Targeted Boardroom Change at the Company
A Delaware Chancery Court ruled that Empery Digital's board breached its fiduciary duties by improperly rejecting ATG Capital's director nomination notice in an attempt to prevent stockholder choice. The court found the board's actions were preclusive and designed to entrench incumbents, validating ATG Capital's nominees for the October 14 annual meeting. ATG Capital, which owns 4.5 million shares, is urging stockholders to vote for its four nominees.