Energous Corp 10-Q

Item 5. Other Information During the three months ended March 31, 2024, no director or officer of the Company adopted or terminated a “ Rule 10b5-1 trading arrangement ” or non-Rule 10b5-1 trading arrangement ,” as each term is defined in Item 408(a) of Regulation S-K. ​ 31 Table of Contents Item 6. Exhibits The following are filed, furnished or incorporated by reference as a part of this Quarterly Report on Form 10-Q: ​ ​ ​ ​ Exhibit Number Description ​ ​ ​ ​ 3.1 ​ Second Amended and Restated Certificate of Incorporation of Energous Corporation, as amended (incorporated by reference to Exhibit 3.1 to the Registrant’s Quarterly Report on Form 10-Q filed on August 10, 2020). ​ ​ ​ ​ ​ 3.2 ​ Certificate of Amendment to the Second Amended and Restated Certificate of Incorporation of Energous Corporation (incorporated by reference to Exhibit 3.1 to the Registrant’s Current Report on Form 8-K filed on August 15, 2023). ​ ​ ​ ​ ​ 3.3 ​ Amended and Restated Bylaws of Energous Corporation (incorporated by reference to Exhibit 3.1 to Amendment No. 1 to the Registrant’s Registration Statement on Form S-1/A (File No. 333-193522) filed on March 13, 2014). ​ ​ ​ ​ ​ 4.1 ​ Form of Pre-Funded Common Stock Purchase Warrant (incorporated by reference to Exhibit 4.1 of the Current Report on Form 8-K filed on February 20, 2024). ​ ​ ​ ​ ​ 4.2 ​ Form of Common Stock Purchase Warrant (incorporated by reference to Exhibit 4.2 of the Current Report on Form 8-K filed on February 20, 2024). ​ ​ ​ ​ ​ 10.1 ​ Form of Securities Purchase Agreement (incorporated by reference to Exhibit 10.1 of the Current Report on Form 8-K filed on February 20, 2024). ​ ​ ​ ​ ​ 10.2# ​ Energous Corporation 2017 Equity Inducement Plan, as amended and restated on March 14, 2024 (incorporated by reference to Exhibit 99.3 of the Registration Statement on Form S-8 (File No. 333-278352), filed on March 28, 2024). ​ ​ ​ ​ ​ 31.1+ ​ Certification Pursuant to Rule 13a-14(a) or Rule 15d-14(a) of the Securities Exchange Act of 1934 ​ ​ ​ ​ ​ 32.1+ ​ Certification Pursuant to 18 U.S.C Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 ​ ​ ​ ​ ​ 101.INS† ​ Inline XBRL Instance Document - the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document. ​ ​ ​ ​ ​ 101.SCH† ​ Inline XBRL Taxonomy Extension Schema Document ​ ​ ​ ​ ​ 101.CAL† ​ Inline XBRL Taxonomy Extension Calculation Linkbase Document ​ ​ ​ ​ ​ 101.DEF† ​ Inline XBRL Taxonomy Extension Definition Linkbase Document ​ ​ ​ ​ ​ 101.LAB† ​ Inline XBRL Taxonomy Extension Label Linkbase Document ​ ​ ​ ​ ​ 101.PRE† ​ Inline XBRL Taxonomy Extension Presentation Linkbase Document ​ ​ ​ ​ ​ 104 ​ Cover Page Interactive Data File (embedded within the Inline XBRL document and contained in Exhibit 101) ​ † Filed herewith. + Furnished herewith. # Indicates a management contract or any compensatory plan, contract or arrangement. ​ 32 Table of Contents SIGNATURE Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. ​ ​ ​ ​ ​ ENERGOUS CORPORATION (Registrant) ​ Date: May 14, 2024 By: /s/ Mallorie Burak ​ ​ Name: Mallorie Burak ​ ​ Title: Chief Financial Officer ​ ​ ​ (Principal Executive Officer, Principal Financial Officer and Principal Accounting Officer) ​ ​ ​ ​ 33