4 unchanged sentences
Certificate of Amendment to the Company’s Certificate of Incorporation, filed with the Secretary of State of the State of Delaware on April 12, 2024 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 12, 2024).
−Removed: Form of Common Stock Purchase Warrant (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 19, 2024).
−Removed: Form of Common Stock Purchase Warrant (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 23, 2024).
−Removed: Form of Common Stock Purchase Warrant (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 30, 2024).
−Removed: Form of Common Stock Purchase Warrant (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on May 15, 2024).
−Removed: Form of Common Stock Purchase Warrant (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on May 17, 2024).
−Removed: Form of Common Stock Purchase Warrant (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on March 31, 2025).
−Removed: Form of Senior Secured Convertible Promissory Note (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on March 31, 2025).
−Removed: Form of Common Stock Purchase Warrant (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 4, 2025).
−Removed: Form of Senior Secured Convertible Promissory Note (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 4, 2025).
−Removed: Form of Initial Convertible Promissory Note (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on May 20, 2025).
−Removed: Form of First Convertible Promissory Note (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on May 20, 2025).
−Removed: Form of Second Convertible Promissory Note (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on May 20, 2025).
−Removed: Form of Senior Secured Convertible Promissory Note (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on March 31, 2025).
−Removed: Placement Agency Agreement, dated as of April 17, 2024, by and between the Company and Maxim Group LLC, as placement agent (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 18, 2024).
−Removed: Form of Securities Purchase Agreement, by and among the Company and certain purchasers, dated April 17, 2024 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 18, 2024).
−Removed: Placement Agency Agreement, dated as of April 19, 2024, by and between the Company and Maxim Group LLC, as placement agent (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 23, 2024).
−Removed: Form of Securities Purchase Agreement, by and among the Company and certain purchasers, dated April 19, 2024 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 23, 2024).
−Removed: Placement Agency Agreement, dated as of April 26, 2024, by and between the Company and Maxim Group LLC, as placement agent (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 30, 2024).
−Removed: Form of Securities Purchase Agreement, by and among the Company and certain purchasers, dated April 26, 2024 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 30, 2024).
−Removed: Placement Agency Agreement, dated as of May 13, 2024, by and between the Company and Maxim Group LLC, as placement agent (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on May 15, 2024).
−Removed: Form of Securities Purchase Agreement, by and among the Company and certain purchasers, dated May 13, 2024 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on May 15, 2024).
−Removed: Placement Agency Agreement, dated as of May 15, 2024, by and between the Company and Maxim Group LLC, as placement agent (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on May 17, 2024).
−Removed: Form of Securities Purchase Agreement, by and among the Company and certain purchasers, dated May 15, 2024 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on May 17, 2024).
−Removed: Form of Securities Purchase Agreement, by and among the Company and certain purchasers, dated March 31, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on March 31, 2025).
−Removed: Placement Agency Agreement, dated as of March 31, 2025, by and between the Company and Maxim Group LLC, as placement agent (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on March 31, 2025).
−Removed: Form of Security Agreement, by and among the Company and certain note holders, dated March 31, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on March 31, 2025).
−Removed: Form of Subsidiary Guarantee, by and among the Company and certain note holders, dated March 31, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on March 31, 2025).
−Removed: Datavault Lock-Up Agreement, dated April 9, 2025, by and between the Company and NYIAX, Inc.
−Removed: (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 9, 2025).
−Removed: Additional Lock-Up Agreement, dated April 9, 2025, by and between the Company and NYIAX, Inc.
−Removed: (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 9, 2025).
−Removed: Consideration Lock-Up Agreement, dated April 9, 2025, by and between the Company and NYIAX, Inc.
−Removed: (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 9, 2025).
−Removed: Closing Lock-Up Agreement, dated April 9, 2025, by and between the Company and NYIAX, Inc.
−Removed: (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 9, 2025).
−Removed: Purchase Commitment for Programs, effective as of June 30, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on July 11, 2025).
−Removed: Cloud Services Subscription Transaction Document, effective as of June 30, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on July 11, 2025).
−Removed: Stock Purchase Agreement, by and among the Company and the Sellers, dated July 13, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on July 17, 2025).
+Added: Certificate of Amendment to Certificate of Incorporation of Datavault AI, Inc., filed with the Secretary of State of the State of Delaware on September 25, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on September 26, 2025).
+Added: Amendment to Bylaws of Datavault AI, Inc., effective September 25, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on September 26, 2025).
+Added: Form of Senior Secured Promissory Note (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on August 4, 2025).
+Added: Convertible Promissory Note Amendment and Conversion Agreement by and between the Company and EOS, dated as of September 7, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on September 8, 2025).
+Added: Form of Pre-Funded Warrant (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on September 26, 2025).
+Added: Form of Senior Secured Promissory Note issued on September 30, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on October 1, 2025).
+Added: Stock Purchase Agreement, by and between the Company and the Sellers, dated July 13, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on July 17, 2025).
+Added: IP Sale and Assignment Agreement, dated July 12, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on July 17, 2025).
Equity Distribution Agreement, dated July 21, 2025, by and between the Company and Maxim Group LLC (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on July 22, 2025).
Form of Waiver Agreement (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on July 22, 2025).
−Removed: Subscription Agreement, dated as of July 25, 2025, by and between the Company and the Subscriber thereto.
+Added: Subscription Agreement, dated as of July 25, 2025, by and between the Company and the Subscriber thereto (incorporated by reference to Exhibit 10.24 to the Company’s Quarterly Report on Form 10-Q filed with the SEC on August 19, 2025)
Web Access IP Purchase Agreement, dated as of July 30, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on July 30, 2025).
Registration Rights Agreement, dated as of July 30, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on July 30, 2025).
−Removed: Form of Securities Purchase Agreement, by and among the Company and certain purchasers, dated August 4, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on August 4, 2025).
−Removed: Placement Agency Agreement, dated as of August 4, 2025, by and between the Company and Maxim Group LLC, as placement agent (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on August 4, 2025).
−Removed: Form of Security Agreement, by and among the Company and certain note holders, (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on August 4, 2025).
−Removed: Form of Subsidiary Guarantee, by and among the Company and certain note holders (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on August 4, 2025).
−Removed: Form of Exchange Agreement, by and among the Company and certain warrant holders, dated August 4, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on August 4, 2025).
+Added: Form of Securities Purchase Agreement, dated August 4, 2025 (incorporated by reference to the Company ’ s Current Report on Form 8-K filed with the SEC on August 4, 2025).
+Added: Form of Security Agreement (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on August 4, 2025).
+Added: Form of Subsidiary Guaranty (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on August 4, 2025).
+Added: Form of Exchange Agreement, dated August 4, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on August 4, 2025).
Form of Note Amendment (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on August 4, 2025).
+Added: Form of Placement Agency Agreement, dated August 4, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on August 4, 2025).
+Added: Amendment to Stock Purchase Agreement (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on August 22, 2025).
+Added: Securities Purchase Agreement between Datavault AI Inc.
+Added: and Scilex Holding Company, dated September 26, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on September 26, 2025).
+Added: Form of Voting Agreement (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on September 26, 2025).
+Added: Amendment to the IBM Agreement, dated September 22, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on September 26, 2025).
+Added: Form of Senior Secured Promissory Note issued on September 30, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on October 1, 2025).
Certification of Principal Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 (filed herewith).
8 unchanged sentences
Datavault AI Inc.
−Removed: August 19, 2025
+Added: November 14, 2025
/s/ Nathaniel Bradley
2 unchanged sentences
(Duly Authorized Officer and Principal Executive Officer)
−Removed: August 19, 2025
+Added: November 14, 2025
/s/ Brett Moyer
2 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.