Item 1.01 Entry into a Material Definitive Agreement. On October 15, 2026, Datavault AI Inc. (the “Company”) entered into Amendment No. 1 (the “Amendment”) to that certain Convertible Promissory Note, dated August 18, 2026 (the “Note”), issued by the Company to Streeterville Capital, LLC (the “Investor”), in the original principal amount of $25,030,000.…
Filed Oct 15, 2026Accepted Oct 15, 2026, 4:01 PM EDTCIK 1682149Accession 0001104659-26-116228
Datavault AI Inc. (Nasdaq: DVLT) verifies, values and tokenizes data and real-world assets for organizations and people. Its exchanges bring those assets to market. Through its media, acoustic and live-event technologies and services, the Company powers how organizations reach and engage customers across business and consumer channels. Its technologies are protected by a portfolio of issued patents, which the Company makes available through licensing. Learn more at www.dvlt.ai.
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Item 1.01Item 1.01 - Entry into Material Agreement
Item 1.01 Entry into a Material Definitive Agreement.
On October 15, 2026, Datavault AI Inc. (the “Company”)
entered into Amendment No. 1 (the “Amendment”) to that certain Convertible Promissory Note, dated August 18, 2026 (the “Note”),
issued by the Company to Streeterville Capital, LLC (the “Investor”), in the original principal amount of $25,030,000. The
Note was issued pursuant to that certain Securities Purchase Agreement, dated August 18, 2026, between the Company and the Investor.
Pursuant to the Amendment, the Company and the Investor amended the
Note to establish a floor price of $0.0632 (the “Nasdaq Floor Price”), which is equal to 20% of the Nasdaq Minimum Price determined
immediately preceding the issuance of the Note, subject to adjustment for any reverse or forward stock split, stock dividend, stock combination,
recapitalization, reclassification or other similar transaction occurring after the effective date of the Amendment. The Amendment further
provides that no adjustment to the Fixed Price pursuant to Section 9 of the Note will reduce the Fixed Price below the Nasdaq Floor Price.
Except as expressly amended by the Amendment, all provisions of the
Note remain unchanged and in full force and effect.
The foregoing description of the Amendment does not purport to be complete
and is qualified in its entirety by reference to the full text of the Amendment, a copy of which is filed as Exhibit 4.1 to this Current
Report on Form 8-K and is incorporated herein by reference.
Filed exhibits (1)
EX-4.1 (by filename) tm2627673d1_ex4-1.htm
Exhibit 4.1
AMENDMENT NO. 1 TO CONVERTIBLE PROMISSORY NOTE
This Amendment No. 1 to Convertible Promissory
Note (this “Amendment”) is entered into as of October 15, 2026 (the “Amendment Effective Date”), by and between
Datavault AI Inc., a Delaware corporation (“Borrower”), and Streeterville Capital, LLC, a Utah limited liability company (“Lender”).
Borrower and Lender are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
RECITALS
A. Borrower issued to Lender that certain Convertible
Promissory Note dated August 18, 2026, in the original principal amount of $25,030,000.00 (as amended hereby and as may be further amended,
modified, supplemented or restated from time to time, the “Note”), pursuant to that certain Securities Purchase Agreement
dated August 18, 2026 between Borrower and Lender (as amended, modified, supplemented or restated from time to time, the “Purchase
Agreement”).
B. The Parties desire to amend the Note to establish
a floor price based on the Nasdaq Minimum Price applicable immediately preceding the issuance of the Note, on the terms set forth herein.
C. Section 15 of the Note provides that the prior
written consent of …