8-K
Empery Digital Inc. (EMPD)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
__________________________
FORM 8-K
__________________________
CURRENT REPORT
Pursuant to Section 13OR 15(d)
of The Securities Exchange Act of 1934
Date of Report (Date of earliest eventreported): February 5, 2025 (February 5,2025)
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Volcon, Inc.
(Exact Name of Registrant as Specified in its Charter)
__________________________
| Delaware | 001-40867 | 84-4882689 |
|---|---|---|
| (State or Other Jurisdiction<br><br> <br>of Incorporation) | (Commission<br><br> <br>File Number) | (I.R.S. Employer<br><br> <br>Identification Number) |
3121Eagles Nest Street, Suite 120
Round Rock, TX 78665
(Address of principal executive offices and zip code)
(512) 400-4271
(Registrant’s telephone number, including area code)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
| ☐<br> Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
|---|
| ☐<br> Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ☐<br> Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ☐ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-14(c)). |
Securities registered pursuant to Section 12(b) of the Act:
| Title of each class | Trading Symbol(s) | Name of each exchange on which registered |
|---|---|---|
| Common Stock, par value $0.00001 per share | VLCN | NASDAQ |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ☒
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
| Item 8.01 | Other Events. |
|---|
As previously reported, on October 18, 2024, Volcon, Inc. (the “Company”) entered into an At-The-Market Issuance Sales Agreement (the “ATM Agreement”) with Aegis Capital Corp. (“Aegis”). Pursuant to the terms of the ATM Agreement, the Company may sell from time to time through Aegis, as sales agent and/or principal, shares of the Company’s common stock, par value $0.00001 per share (“ATM Shares”), with an aggregate sales price of up to $100 million.
As of February 4, 2025, the Company had sold 1,831,558 ATM Shares pursuant to the ATM Agreement for gross proceeds of approximately $9.47 million. As of February 5, 2025, the Company had 2,475,607 shares of common stock outstanding.
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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.
| Volcon, Inc. | |
|---|---|
| (Registrant) | |
| Date: February 5, 2025 | /s/ Greg Endo |
| Greg Endo<br><br>Chief Financial Officer |
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