OTHER INFORMATION
+Added: None of the Company’s
+Added: directors and officers adopted , modified, or terminated a Rule 10b5-1 trading arrangement or a non-Rule 10b5-1 trading arrangement during
+Added: the Company's fiscal quarter ended March 31, 2025 (each as defined in Item 408 of Regulation S-K under the Securities Exchange Act of
+Added: 1934, as amended).
+Added: Agreement and Plan of Merger dated January 7, 2021.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on January 19, 2021 as Exhibit 3.1 thereto.
+Added: Agreement and Plan of Merger dated December 1, 2021.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on December 13, 2021 as Exhibit 2.1 thereto.
+Added: Agreement and Plan of Merger dated December 20, 2022.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on December 21, 2022 as Exhibit 2.1 thereto.
Certificate of Incorporation, dated September 22, 2017.
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Incorporated herein by reference to the Current Report on Form 8-K filed on September 6, 2024 as Exhibit 3.1 thereto.
−Removed: Note Purchase Agreement, dated July 18, 2024, by and among the Company and Esousa Group Holdings, LLC.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on July 19, 2024 as Exhibit 10.1 thereto.
−Removed: Form of Note.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on July 19, 2024 as Exhibit 4.1 thereto.
+Added: Certificate of Designation, Preferences and Rights relating to the 10.00% Series E Cumulative Redeemable Perpetual Preferred Stock, dated November 11, 2024.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on November 12, 2024 as Exhibit 3.1 thereto.
+Added: Certificate of Amendment to Certificate of Incorporation filed with the Delaware Secretary of State on November 20, 2024.
+Added: Incorporated herein by reference to the Current Report on Form 8-K filed on November 20, 2024 as Exhibit 3.1 thereto.
+Added: Certificate of Designation, Preferences and Rights relating to the Series F Exchangeable Preferred Stock, dated November 22, 2024.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on November 25, 2024 as Exhibit 3.1 thereto.
+Added: Form of Certificate of Designation of Preferences, Rights and Limitations of Series G Cumulative Preferred Stock, dated December 21, 2024.
+Added: Incorporated herein by reference to the Current Report on Form 8-K filed on December 23, 2024 as Exhibit 4.1 thereto.
+Added: Certificate of Amendment to Certificate of Incorporation filed with the Delaware Secretary of State on February 5, 2025.
+Added: Incorporated herein by reference to the Current Report on Form 8-K filed on February 10, 2025 as Exhibit 3.1 thereto.
+Added: Certificate of Designation of Preferences, Rights and Limitations of Series B Cumulative Preferred Stock, dated March 31, 2025.
+Added: Incorporated herein by reference to the Current Report on Form 8-K filed on April 1, 2025 as Exhibit 3.1 thereto.
+Added: Certificate of Amendment to Certificate of Incorporation filed with the Delaware Secretary of State on April 23, 2025.
+Added: Incorporated herein by reference to the Current Report on Form 8-K filed on April 25, 2025 as Exhibit 3.1 thereto.
+Added: Second Supplement and Amendment to Purchase Agreement dated January 9, 2025 by and among Hyperscale Data, Inc., Orion Equity Partners, LLC, Ascendiant Capital Markets, LLC and Northland Securities, Inc.
+Added: Incorporated by reference to the Registration Statement on Form S-1/A filed on January 14, 2025 as Exhibit 10.40 thereto.
+Added: First Amendment to Loan Agreement dated January 9, 2025 by and among Hyperscale Data, Inc., OREE Lending Company, LLC and Helios Funds LLC.
+Added: Incorporated by reference to the Registration Statement on Form S-1/A filed on January 14, 2025 as Exhibit 10.41 thereto.
+Added: Exchange Agreement, dated February 5, 2025, by and between the Company and the Investor.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on February 6, 2025 as Exhibit 10.1 thereto.
+Added: Form of Amended and Restated Forbearance Agreement.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on February 26, 2025 as Exhibit 10.1 thereto.
+Added: Exchange Agreement, dated March 14, 2025, by and between the Company and the Investor.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on March 17, 2025 as Exhibit 10.1 thereto.
+Added: Exchange Agreement, dated March 21, 2025, by and between the Company and the Investor.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on March 24, 2025 as Exhibit 10.1 thereto.
+Added: Amendment to the Securities Purchase Agreement, dated March 30, 2025, by and between the Company and Ault & Company, Inc.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on April1 , 2025 as Exhibit 10.1 thereto.
+Added: Securities Purchase Agreement, dated March 31, 2025, by and between Hyperscale Data, Inc.
+Added: and SJC Lending, LLC.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on April 1, 2025 as Exhibit 10.1 thereto.
+Added: Registration Rights Agreement, dated March 31, 2025, by and between Hyperscale Data, Inc.
+Added: and SJC Lending, LLC.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on April 1, 2025 as Exhibit 10.2 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).
−Removed: ____________________
* Filed herewith.
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has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
−Removed: November 19, 2024
HYPERSCALE DATA, INC.
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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.