Empery Digital (EMPD) Proxy filing summary

Executive summary

• Delaware Supreme Court will review the validity of ATG Capital's nomination notice before the 2026 Annual Meeting.

• ISS recommended voting for 7 of 9 board nominees, including Ryan Lane and Rohan Chauhan.

• Shareholders are urged to vote for all 9 board nominees on the WHITE proxy card by October 13, 2026.

• Empery Digital is expanding into AI infrastructure and data centers, leveraging partnerships for growth.

• Forward-looking statements highlight strategic partnerships, facility acquisitions, and data center development.

Voting matters and shareholder proposals

• Shareholders are asked to vote for 9 director nominees and other proposals on the WHITE proxy card.

• ISS recommended support for 7 of 9 nominees, with some support for an ATG nominee, which the board disputes.

• Shareholders of record as of September 2, 2026, are eligible to vote; voting deadline is October 13, 2026.

Board of directors and corporate governance

• Board alleges misconduct by ATG nominee Mr. Gliksberg, including document destruction and concealment of voting arrangements.

• Court of Chancery sanctioned Mr. Gliksberg and found his testimony not credible.

• Board recommends voting against all ATG nominees and supports the current board's stewardship.