Empery Digital Inc. (NASDAQ: EMPD) (the "Company" or "Empery Digital") today announced that its Board of Directors (the "Board") has determined that the nomination notices submitted by ATG Capital and Tice P. Brown in connection with the Company's 2026 Annual Meeting of Stockholders (the "2026 Annual Meeting") are invalid and misleading and, therefore, each of their nominees are not eligible to stand for election at the 2026 Annual Meeting. The Company has delivered letters to ATG Capital and Mr. Brown that detail the extensive deficiencies in their nomination notices.

Empery Digital's bylaws are designed to protect the Company and all of its shareholders and plainly state the requirements that a shareholder must meet to validly nominate director candidates. The advance notice provisions of the Company's bylaws are well-disclosed, readily available for review to all shareholders and consistent with the market standard for public companies.