VCLN Volcon, Inc. - 8-K

Item 1.01 Entry Into a Material Definitive Agreement.

Amendment of At-The-Market Issuance
Sales Agreement

On June 2, 2026, Empery Digital Inc. (the “ Company ”)
entered into Amendment No. 2 and Waiver to the At-The-Market Issuance Sales Agreement (the “ ATM Amendment ”) with Aegis
Capital Corp. (“ Aegis ”) which, among other matters, extends the term of the At-The-Market Issuance Sales Agreement
dated October 18, 2024, between the Company and Aegis, as amended, such that, unless earlier terminated by one of the parties thereto,
it will automatically terminate upon the issuance and sale of all of the shares authorized thereunder.

The foregoing description of terms and conditions
of 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
hereto as Exhibit 10.1.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

Exhibit No.

Description

10.1

Amendment No. 2 and Waiver to the At-The-Market Issuance Sales Agreement, dated June 2, 2026, by and between Aegis Capital Corp. and Empery Digital Inc.

104

Cover Page Interactive Data File (embedded within the Inline XBRL document).

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