Delaware Court Affirms ATG Capital's Stockholder Nomination

MIAMI, Oct. 08, 2026 /CourierPR/ -- Empery Digital Inc., a Nasdaq-listed company, has seen a significant development in its corporate governance following a ruling by the Delaware Supreme Court. The court affirmed the Delaware Chancery Court's decision, upholding the validity of ATG Capital's stockholder nomination and ensuring that ATG Capital's nominees will stand for election at the upcoming Annual Meeting of Stockholders, scheduled for October 14, 2026.

The Delaware Supreme Court's affirmation of the Chancery Court's ruling is a significant victory for stockholder rights, as it protects the franchise of stockholders and allows them to have a choice in who represents them at the upcoming Annual Meeting. ATG Capital, which is the beneficial owner of 4,500,000 shares, or approximately 16% of Empery Digital Inc., has been vocal in its support of this decision, emphasizing the importance of stockholder franchise and the right to choose their representatives.

The Delaware Chancery Court's ruling, which was issued on August 28, 2026, found that the incumbent board had breached its fiduciary duties by rejecting ATG Capital's nomination notice. ATG Capital had initiated litigation to protect the rights of all stockholders in the face of board entrenchment. The Delaware Supreme Court's affirmation of this decision is seen as a vindication of stockholder rights and a significant victory for ATG Capital and other stockholders who have been advocating for a more representative board.

The Delaware Chancery Court's Memorandum Opinion and the Delaware Supreme Court's Order affirming the Chancery Court's judgment are available for review. ATG Capital urges Empery Digital's stockholders to make their voices heard and vote "FOR" all four of ATG Capital's nominees on the GOLD universal proxy card. The GOLD proxy card includes all ATG Capital nominees and all of the Company's nominees, eliminating the need to use any other proxy card.

ATG Capital Management LP, the investment firm managing investment vehicles for select accredited investors, is the entity behind ATG Capital. The company invests primarily in public equity markets, utilizing alternative strategies including direct and constructive engagement, in pursuit of providing superior investment returns.