Other Information
−Removed: Third Amendment to Asset Purchase Agreement, by and among the Company and CompuSystems, Inc., dated as of March 31, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 2, 2025).
−Removed: Fourth Amendment to Asset Purchase Agreement, by and among the Company and CompuSystems, Inc., dated as of May 14, 2025 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on May 15, 2025).
−Removed: Certificate of Amendment to the Company’s Certificate of Incorporation, filed with the Secretary of State of the State of Delaware on March 25, 2024 (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on March 26, 2024).
−Removed: 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: 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).
−Removed: 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).
−Removed: 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).
−Removed: 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).
−Removed: 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).
−Removed: 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).
−Removed: 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).
−Removed: 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).
−Removed: 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).
−Removed: 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 (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)
−Removed: 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).
−Removed: 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, 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: 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).
−Removed: 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).
−Removed: 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).
−Removed: 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).
−Removed: 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).
−Removed: 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).
−Removed: Securities Purchase Agreement between Datavault AI Inc.
−Removed: 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).
−Removed: 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).
−Removed: 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).
−Removed: 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: Number Description
+Added: 2.1 Certificate of Conversion of Summit Semiconductor, LLC (n/k/a Datavault AI Inc.) (incorporated by reference to the Company’s Registration Statement on Form S-1/A (File No.
+Added: 333-224267) filed with the SEC on July 23, 2018).
+Added: 2.2 Plan of Conversion of Summit Semiconductor, LLC (n/k/a Datavault AI Inc.) (incorporated by reference to the Company’s Registration Statement on Form S-1/A (File No.
+Added: 333-224267) filed with the SEC on July 23, 2018).
+Added: 2.3 Agreement and Plan of Merger among Datavault AI Inc., DVLT Merger Sub, Inc., and NYIAX, Inc., dated March 18, 2026 (incorporated by reference to Exhibit 2.1 to the Company's Current Report on Form 8-K filed with the SEC on March 19, 2026).
+Added: 3.1(i)(a) Certificate of Incorporation of Summit Semiconductor, Inc.
+Added: (n/k/a Datavault AI Inc.) (incorporated by reference to the Company’s Registration Statement on Form S-1/A (File No.
+Added: 333-224267) filed with the SEC on July 2, 2018).
+Added: 3.1(i)(b) Certificate of Amendment to Certificate of Incorporation of Summit Semiconductor, Inc.
+Added: (n/k/a Datavault AI Inc.) (incorporated by reference to the Company’s Registration Statement on Form S-1/A (File No.
+Added: 333-224267) filed with the SEC on July 25, 2018).
+Added: 3.1(i)(c) Certificate of Amendment to Certificate of Incorporation of Summit Semiconductor, Inc.
+Added: (n/k/a Datavault AI Inc.) (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on September 14, 2018).
+Added: 3.1(i)(d) Certificate of Amendment to Certificate of Incorporation of Summit Wireless Technologies, Inc.
+Added: (n/k/a Datavault AI Inc.) (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 8, 2020).
+Added: 3.1(i)(e) Certificate of Amendment to Certificate of Incorporation of Summit Wireless Technologies, Inc.
+Added: (n/k/a Datavault AI Inc.) (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on March 11, 2022).
+Added: 3.1(i)(f) Certificate of Amendment to Certificate of Incorporation of WiSA Technologies, Inc.
+Added: (n/k/a Datavault AI Inc.) (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on January 26, 2023).
+Added: 3.1(i)(g) Certificate of Amendment to Certificate of Incorporation of WiSA Technologies, Inc.
+Added: (n/k/a Datavault AI Inc.) (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on March 26, 2024).
+Added: 3.1(i)(h) Certificate of Amendment to Certificate of Incorporation of WiSA Technologies, Inc.
+Added: (n/k/a Datavault AI Inc.) (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on April 12, 2024).
+Added: 3.1(i)(i) Certificate of Amendment to Certificate of Incorporation of WiSA Technologies, Inc.
+Added: (n/k/a Datavault AI Inc.) (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on February 14, 2025).
+Added: 3.1(i)(j) Certificate of Amendment to Certificate of Incorporation of Datavault AI Inc.
+Added: (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on September 26, 2025).
+Added: 3.1(i)(k) Certificate of Amendment to Certificate of Incorporation of Datavault AI Inc.
+Added: (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on November 26, 2025).
+Added: 3.1(i)(l) Certificate of Designation of Preferences, Rights, and Limitations of Series B Convertible Preferred Stock (incorporated by reference to the Company’s Current Report on Form 8-K filed with the SEC on October 19, 2023).
+Added: 3.1(ii)(a) Bylaws of Summit Semiconductor, Inc.
+Added: (n/k/a Datavault AI Inc.) (incorporated by reference to the Company’s Registration Statement on Form S-1/A (File No.
+Added: 333-224267) filed with the SEC on July 2, 2018).
+Added: 3.1(ii)(b) Amendment to the Bylaws of Datavault AI Inc., effective September 25, 2025 (incorporated by reference to Exhibit 3.2 to the Company’s Current Report on Form 8-K filed with the SEC on September 26, 2025).
+Added: 4.1 Form of Warrant (incorporated by reference to Exhibit 4.1 to the Company’s Current Report on Form 8-K filed with the SEC on February 27, 2026).
+Added: 4.2 Form of Placement Agent Warrant (incorporated by reference to Exhibit 4.1 to the Company's Current Report on Form 8-K filed with the SEC on May 5, 2026).
+Added: 10.1* Master Purchase Order Agreement between Datavault AI Inc.
+Added: and AP Global Holdings LLC (Available Infrastructure), dated January 4, 2026.
31.1* 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: November 14, 2025
/s/ Nathaniel Bradley
2 unchanged sentences
(Duly Authorized Officer and Principal Executive Officer)
−Removed: 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.