ATG Capital Management LP ("ATG Capital"), together with certain of its affiliates, the beneficial owner of approximately 16% of the outstanding shares of Empery Digital Inc. (Nasdaq: EMPD) ("Empery" or the "Company"), today commented on the August 28, 2026 ruling of the Delaware Court of Chancery (the "Court") that held that Empery's Board of Directors (the "Board") breached its fiduciary duties in rejecting ATG Capital's nomination of independent director candidates. The Court further held that ATG Capital's nominees will stand for election at the Company's Annual Meeting of Stockholders on October 14, 2026 (the "Annual Meeting").