20 unchanged sentences
Incorporated herein by reference to the Current Report on Form 8-K filed on May 16, 2023 as Exhibit 3.1 thereto.
−Removed: Certificate of Elimination of the Series E convertible redeemable preferred stock of Ault Alliance, Inc.
+Added: Certificate of Elimination of the Series E convertible redeemable preferred stock of Hyperscale Data, Inc.
Incorporated herein by reference to the Current Report on Form 8-K filed on August 18, 2023 as Exhibit 3.1 thereto.
−Removed: Certificate of Elimination of the Series F convertible redeemable preferred stock of Ault Alliance, Inc.
+Added: Certificate of Elimination of the Series F convertible redeemable preferred stock of Hyperscale Data, Inc.
Incorporated herein by reference to the Current Report on Form 8-K filed on August 18, 2023 as Exhibit 3.2 thereto.
−Removed: Certificate of Elimination of the Series G convertible redeemable preferred stock of Ault Alliance, Inc.
+Added: Certificate of Elimination of the Series G convertible redeemable preferred stock of Hyperscale Data, Inc.
Incorporated herein by reference to the Current Report on Form 8-K filed on August 18, 2023 as Exhibit 3.3 thereto.
1 unchanged sentence
Incorporated herein by reference to the Current Report on Form 8-K filed on November 21, 2023 as Exhibit 3.1 thereto.
−Removed: Certificate of Elimination of the Series B convertible redeemable preferred stock of Ault Alliance, Inc.
+Added: Certificate of Elimination of the Series B convertible redeemable preferred stock of Hyperscale Data, Inc.
Incorporated herein by reference to the Current Report on Form 8-K filed on December 12, 2023 as Exhibit 3.1 thereto.
5 unchanged sentences
Incorporated herein by reference to the Current Report on Form 8-K filed on April 4, 2024 as Exhibit 3.1 thereto.
−Removed: Amendment to the Loan and Guaranty Agreement, dated April 15, 2024.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on April 16, 2024 as Exhibit 10.1 thereto.
−Removed: Form of Guaranty.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on April 30, 2024 as Exhibit 10.1 thereto.
−Removed: Form of Second Amendment to Loan and Guaranty Agreement, dated May 15, 2024.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on May 16, 2024 as Exhibit 10.1 thereto.
−Removed: Form of Loan Agreement.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on June 5, 2024 as Exhibit 10.1 thereto.
−Removed: Form of Guaranty.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on June 5, 2024 as Exhibit 10.2 thereto.
−Removed: Purchase Agreement, dated June 20, 2024, by and between Ault Alliance, Inc.
−Removed: and Orion Equity Partners, LLC.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on June 21, 2024 as Exhibit 10.1 thereto.
+Added: Certificate of Amendment to Certificate of Incorporation filed with the Delaware Secretary of State on September 6, 2024 and effective September 10, 2024.
+Added: Incorporated herein by reference to the Current Report on Form 8-K filed on September 6, 2024 as Exhibit 3.1 thereto.
+Added: Note Purchase Agreement, dated July 18, 2024, by and among the Company and Esousa Group Holdings, LLC.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on July 19, 2024 as Exhibit 10.1 thereto.
+Added: Form of Note.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on July 19, 2024 as Exhibit 4.1 thereto.
Certification of Chief Executive Officer required by Rule 13a-14(a) or Rule 15d-14(a).
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Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101).
+Added: ____________________
* Filed herewith.
** Furnished herewith.
−Removed: Pursuant to the requirements of the Securities Exchange Act of 1934,
−Removed: the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
−Removed: August 16, 2024
−Removed: AULT ALLIANCE, INC.
+Added: Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant
+Added: has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
+Added: November 19, 2024
+Added: HYPERSCALE DATA, INC.
/s/ William B.
5 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.