Common Shares
- Symbol
- ANY
- Exchange
- NASDAQ
- Classification
- COMMON
- Status
- Historical · closed Sep 16, 2026
Current Report · Items 1.01, 8.01, 9.01 · 8-K
DarkHorse Technologies Inc.
Entry into a Material Definitive Agreement · Other Events
Item 1.01 Entry into a Material Definitive Agreement As previously reported, on January 3, 2025, Sphere 3D Corp. (the "Company"), entered into a Sales Agreement (the "Original Sales Agreement") with A.G.P./Alliance Global Partners ("A.G.P."), relating to the Company's issuance and sale, from time to time, of its common shares, no par value per share (the "Common Shares").…
Company context
Sphere 3D Corp. (NASDAQ: ANY), doing business as DarkHorse Technologies, is a digital infrastructure company focused on operating and expanding scalable power and data center assets for high-performance computing, AI workloads and digital asset infrastructure. Following its business combination with Cathedra Bitcoin and the sale of its Iowa site, the Company owns and/or operates approximately 50 MW of operating power capacity across four data center locations in Tennessee and Kentucky, and has a proposed new 50 MW data center in Hopkinsville, Kentucky, together with a development pipeline exceeding 100 MW of additional potential expansion opportunities. The Company combines infrastructure ownership, energy optimization expertise and capital markets access to pursue long-term value creation across next-generation compute infrastructure. The Company’s shareholders have approved the change of the Company’s name to DarkHorse Technologies Inc., which will become effective upon the Company’s continuance from Ontario to British Columbia, and the Company has reserved the Nasdaq ticker “DRK,” with the name and ticker changes subject to Nasdaq procedures and other conditions. Until those changes are effective, the Company’s common shares will continue to trade on Nasdaq under the ticker symbol “ANY.” For more information, visit www.sphere3d.com/investors.
Current securities
Historical securities (1)
Registered securities in this filing
Sphere 3D Corp. · 8-K · Filed 2026-07-31
Disclosure sections
Item 1.01Item 1.01 - Entry into Material Agreement
Item 1.01 Entry into a Material Definitive Agreement
As previously reported, on January 3, 2025, Sphere 3D Corp. (the "Company"), entered into a Sales Agreement (the "Original Sales Agreement") with A.G.P./Alliance Global Partners ("A.G.P."), relating to the Company's issuance and sale, from time to time, of its common shares, no par value per share (the "Common Shares"). On July 31, 2026, the Company entered into an Amended and Restated Sales Agreement (the "A&R Sales Agreement") with A.G.P. and Maxim Group LLC ("Maxim" and, together with A.G.P., the "Sales Agents") for the purpose of amending the Original Sales Agreement to provide for the addition of Maxim as a sales agent thereunder and to effect conforming changes related thereto. The A&R Sales Agreement otherwise retains all material terms of the Original Sales Agreement. The A&R Sales Agreement provides for the sale of Common Shares having an aggregate offering price of up to $10,300,000 (the "Placement Shares") in transactions that are deemed to be "at the market offerings" as defined in Rule 415 under the Securities Act of 1933, as amended, pursuant to the Company's Registration Statement on Form S-3 (File No. 333-269663) and the prospectus supplement (the "Prospectus Supplement") relating thereto filed on July 31, 2026.
The foregoing description of the A&R Sales Agreement is only a summary and is qualified in its entirety by reference to the full text of the A&R Sales Agreement, which is filed as Exhibit 10.1 to this Current Report on Form 8-K and incorporated by reference in this Item 1.01. The legal opinion of DuMoulin Black LLP relating to the sale of the Placement Shares pursuant to the Prospectus Supplement is filed herewith as Exhibit 5.1.
Item 8.01Item 8.01 - Other Events
Item 8.01. Other Events
The Company previously offered and sold Common Shares under the Original Sales Agreement pursuant to the Registration Statement, as supplemented by the prospectus supplement dated January 3, 2025 (the "Prior Prospectus Supplement"), which covered the offer and sale of Common Shares having an aggregate offering price of up to $8,000,000. Through July 30, 2026, the Company issued and sold an aggregate of 2,172,789 Common Shares thereunder for aggregate gross proceeds of approximately $5,131,036, before deducting commissions and offering expenses.
In connection with the entry into the A&R Sales Agreement and the filing of the Prospectus Supplement, the Company terminated the offering of Common Shares under the Prior Prospectus Supplement, effective July 31, 2026. The Prior Prospectus Supplement has been superseded and replaced in its entirety, and the Company will not offer or sell any additional Common Shares thereunder.
This Current Report on Form 8-K shall not constitute an offer to sell or the solicitation of an offer to buy Placement Shares, nor shall there be any sale of the Placement Shares in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction.