OTHER INFORMATION
−Removed: None of the Company’s
−Removed: directors and officers adopted , modified, or terminated a Rule 10b5-1 trading arrangement or a non-Rule 10b5-1 trading arrangement during
−Removed: 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
−Removed: 1934, as amended).
+Added: Company’s directors and officers adopted , modified, or terminated a Rule 10b5-1 trading arrangement or a non-Rule 10b5-1 trading
+Added: arrangement during the Company's fiscal quarter ended June 30, 2025 (each as defined in Item 408 of Regulation S-K under the Securities
+Added: Exchange Act of 1934, as amended).
Agreement and Plan of Merger dated January 7, 2021.
56 unchanged sentences
Incorporated herein by reference to the Current Report on Form 8-K filed on April 25, 2025 as Exhibit 3.1 thereto.
−Removed: 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.
−Removed: Incorporated by reference to the Registration Statement on Form S-1/A filed on January 14, 2025 as Exhibit 10.40 thereto.
−Removed: First Amendment to Loan Agreement dated January 9, 2025 by and among Hyperscale Data, Inc., OREE Lending Company, LLC and Helios Funds LLC.
−Removed: Incorporated by reference to the Registration Statement on Form S-1/A filed on January 14, 2025 as Exhibit 10.41 thereto.
−Removed: Exchange Agreement, dated February 5, 2025, by and between the Company and the Investor.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on February 6, 2025 as Exhibit 10.1 thereto.
−Removed: Form of Amended and Restated Forbearance Agreement.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on February 26, 2025 as Exhibit 10.1 thereto.
−Removed: Exchange Agreement, dated March 14, 2025, by and between the Company and the Investor.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on March 17, 2025 as Exhibit 10.1 thereto.
−Removed: Exchange Agreement, dated March 21, 2025, by and between the Company and the Investor.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on March 24, 2025 as Exhibit 10.1 thereto.
−Removed: Amendment to the Securities Purchase Agreement, dated March 30, 2025, by and between the Company and Ault & Company, Inc.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on April1 , 2025 as Exhibit 10.1 thereto.
−Removed: Securities Purchase Agreement, dated March 31, 2025, by and between Hyperscale Data, Inc.
−Removed: and SJC Lending, LLC.
−Removed: Incorporated by reference to the Current Report on Form 8-K filed on April 1, 2025 as Exhibit 10.1 thereto.
−Removed: Registration Rights Agreement, dated March 31, 2025, by and between Hyperscale Data, Inc.
−Removed: and SJC Lending, LLC.
+Added: Form of Certificate of Designation of Preferences, Rights and Limitations of Series H Convertible Preferred Stock.
+Added: Incorporated herein by reference to the Current Report on Form 8-K filed on August 1, 2025 as Exhibit 4.1 thereto.
+Added: Form of Securities Purchase Agreement, dated April 15, 2025, by and between Hyperscale Data, Inc.
+Added: and the investor.
Incorporated by reference to the Current Report on Form 8-K filed on April 16, 2025 as Exhibit 10.1 thereto.
+Added: Termination Agreement and Mutual General Release, dated May 28, 2025, by and between Hyperscale Data, Inc.
+Added: and Orion Equity Partners, LLC.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on May 29, 2025 as Exhibit 10.1 thereto.
+Added: Form of Settlement Agreement, dated June 6, 2025.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on June 9, 2025 as Exhibit 10.1 thereto.
+Added: Form of Hosting Services Agreement.
+Added: Incorporated by reference to the Current Report on Form 8-K filed on June 10, 2025 as Exhibit 10.1 thereto.
Certification of Chief Executive Officer required by Rule 13a-14(a) or Rule 15d-14(a).
11 unchanged sentences
** Furnished herewith.
−Removed: Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant
−Removed: has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
+Added: Pursuant to the requirements of the Securities Exchange Act of 1934,
+Added: the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
+Added: August 15, 2025
HYPERSCALE DATA, INC.
6 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.