13D Filings
Empery Digital Inc.
EMPD
Amendment
Ownership

9.80%

Total Shares

3,242,022

Issuer CIK

1829794

CUSIP

92864V608

Event Date

Feb 22, 2026

Accepted

Feb 23, 2026, 05:26 PM

Reporting Persons (2)
NameType% of ClassAggregateSole VotingShared Voting
Brown, Tice
Individual
9.80%3,242,0223,242,0220
Woodmont Investing LLC
Other
8.30%2,721,1282,721,1280
Disclosure Items (5)

Security Title

Common Stock, par value $0.00001 per share

Issuer Name

Empery Digital Inc.

Issuer Address

3121 Eagles Nest, Round Rock, TX, 78665

The securities of the Issuer purchased by Woodmont Investing LLC were purchased with working capital. The aggregate purchase price of the Shares owned directly by Woodmont Investing LLC is approximately $14,131,839.77 including brokerage commissions. Tice Brown acquired all of his securities of the Issuer through open market transactions using his personal assets, and the aggregate purchase price of the Shares owned directly by Tice Brown, or through his Roth IRA, is $3,403,102.83.

On February 23, 2026, Tice P. Brown delivered a letter to the Issuer's Board of Directors (the "Board"), attached hereto as Exhibit 99.1 (the "Board Letter"), regarding a proposal from Issuer management to purchase the Reporting Persons' shares for a purchase price equal to 100% of mNAV. The Issuer's draft stock purchase agreement contains standstill covenants for the Reporting Persons in connection with the repurchase. In addition, in the Board Letter Tice P. Brown reiterated his demand for (i) the immediate resignation of Chief Executive Officer Ryan Lane, (ii) the replacement of the Board, and (iii) the immediate sale of all bitcoin with proceeds returned to shareholders without delay.

Percentage of Class

The aggregate percentage of Shares reported owned by the Reporting Persons is based upon 32,955,589 Shares outstanding as of February 23, 2026, which is the difference obtained by subtracting (i) 870,240 pre-funded warrants reported as potentially exercisable in the Company's Press Release dated February 23, 2026 (the "Press Release"), from (ii) the 33,825,829 Shares outstanding as of February 23, 2026, as disclosed in the Press Release. 2,721,128 of the 3,242,022 shares of Common Stock reported are held in Woodmont Investing LLC, a single member LLC wholly owned by Tice P. Brown, over which shares of Common Stock Tice P. Brown has the sole voting and dispositive power. 320,000 of the 3,242,022 shares of Common Stock reported are held in Tice P. Brown's Roth IRA, over which shares of Common Stock Tice P. Brown has the sole voting and dispositive power. 200,894 of the 3,242,022 shares of Common Stock reported are owned by Tice P. Brown directly. The filing of this Schedule 13D shall not be deemed an admission that the Reporting Persons are, for purposes of Section 13(d) of the Securities Exchange Act of 1934, as amended, the beneficial owners of any securities of the Issuer that he or it does not directly own. Each Reporting Person disclaims beneficial ownership of the Shares that he or it does not directly own.

Number of Shares

The information set forth in Item 5(a) is incorporated into this Item 5(b).

Transactions

The transactions in the securities of the Issuer by the Reporting Persons since the filing of the initial Schedule 13D are set forth in Exhibit 99.2 and are incorporated herein by reference. All such transactions were effected in the open market unless otherwise indicated.

99.1 - Letter to the Board of Directors, dated February 23, 2026. 99.2 - Transactions in the Securities of the Issuer.