Form 4 for EMPD Empery Digital Inc.
Accepted 2024-10-17 00:00:00 ET · period of report 2024-10-15 · accession 0001535610-24-000047 · SEC index · Original document
Summary rows
Aggregated the way they appear in lists: one row per insider, transaction code and security table.
| X | Filed | Traded | Ticker | Insider | Title | Type | Price | Qty | Owned | ΔOwn | Value |
|---|---|---|---|---|---|---|---|---|---|---|---|
| DI | 2024-10-17 | 2024-10-15 | EMPD | SABBY MANAGEMENT, LLC | 10% | J - Other | — | -774.6K | 448.3K | -63% | — |
| DI | 2024-10-17 | 2024-10-15 | EMPD | SABBY MANAGEMENT, LLC | 10% | J - Other | — | +774.6K | 774.6K | New | — |
Purchase Sale Sale after option exercise All abbreviations
Every reported transaction
| # | Table | Security | Date | Code | A/D | Shares | Price | Owned after | Own | Exercise / expiry | Underlying | Footnotes |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | Common | Common Stock | 2024-10-15 | J | D | 774,569 | — | 448,273 | I See Footnotes | — | — | (F1) Sabby Volatility Warrant Master Fund, Ltd. (SVWMF) entered into a Securities Exchange Agreement with the Issuer pursuant to which SVWMF exchanged, on a 1:1 basis, 774,569 shares of the Issuer's Common Stock for an equal number of prefunded warrants, each to purchase one share of the Issuer's Common Stock at an exercise price of $0.00001 per share (each a "Pre-Funded Warrant"). (F3) The amounts reported herein represent the entire amount of Issuer's common stock held by SVWMF as of each transaction date. Each of Advisor and Mr. Mintz disclaims for purposes of Section 16 of the Securities and Exchange Act of 1934 (Section 16), beneficial ownership of such securities, except to the extent of its / his pecuniary interest therein, and this report shall not be deemed as an admission that either Advisor or Mr. Mintz is the beneficial owner of such securities for purposes of Section 16 or otherwise. (F2) This Form 4 is being filed by SVWMF, Sabby Management, LLC (Advisor) and Hal Mintz. Advisor is investment manager to SVWMF. Mr. Mintz is manager of Advisor. |
| 2 | Derivative | Prefunded Warrant (Right to Buy) | 2024-10-15 | J | A | 774,569 | — | 774,569 | I See Footnotes | $0.00 · — to — | 774,569 Common Stock | (F4) The Pre-Funded Warrants have no expiration date and are exercisable immediately. Notwithstanding the foregoing, the Reporting Persons shall not be entitled to exercise the Pre-Funded Warrants if it would cause the aggregate number of shares of Common Stock beneficially owned by the Reporting Persons, their affiliates and any persons who are members of a Section 13(d) group with the Reporting Persons or their affiliates to exceed 9.99% of the total number of issued and outstanding shares of Common Stock of the Issuer following such exercise. (F1) Sabby Volatility Warrant Master Fund, Ltd. (SVWMF) entered into a Securities Exchange Agreement with the Issuer pursuant to which SVWMF exchanged, on a 1:1 basis, 774,569 shares of the Issuer's Common Stock for an equal number of prefunded warrants, each to purchase one share of the Issuer's Common Stock at an exercise price of $0.00001 per share (each a "Pre-Funded Warrant"). (F3) The amounts reported herein represent the entire amount of Issuer's common stock held by SVWMF as of each transaction date. Each of Advisor and Mr. Mintz disclaims for purposes of Section 16 of the Securities and Exchange Act of 1934 (Section 16), beneficial ownership of such securities, except to the extent of its / his pecuniary interest therein, and this report shall not be deemed as an admission that either Advisor or Mr. Mintz is the beneficial owner of such securities for purposes of Section 16 or otherwise. (F2) This Form 4 is being filed by SVWMF, Sabby Management, LLC (Advisor) and Hal Mintz. Advisor is investment manager to SVWMF. Mr. Mintz is manager of Advisor. |