ATG Capital Management LP ("ATG Capital"), together with certain of its affiliates, is the beneficial owner of 4,500,000 shares, or approximately 16%, of Empery Digital Inc. (Nasdaq: EMPD) ("Empery Digital" or the "Company") and its largest non-affiliated stockholder, today announced that the Delaware Supreme Court (the "DE Supreme Court") has affirmed the Delaware Chancery Court’s August 28, 2026 ruling over the Company’s appeal.

The DE Supreme Court’s ruling will permit ATG Capital’s nominees to stand for election at the Company’s Annual Meeting of Stockholders on October 14, 2026 (the "Annual Meeting"). The ruling was issued one day after the parties gave oral argument before the DE Supreme Court and less than a week before the Annual Meeting.