Datavault AI Inc. (DVLT): Entry into a Material Definitive Agreement
Datavault AI Inc. (DVLT) filed an SEC Form 8-K — Entry into a Material Definitive Agreement. EX-10.1 2 tm2621627d1_ex10-1.htm EXHIBIT 10.1 Exhibit 10.1 Datavault AI Inc. One Commerce Square 2005 Market Street, Suite 2400 Philadelphia, PA 19103 July 29, 2026 EOS Technology Holdings Inc. 48 Wall Street, Floor 11 New York, NY 10005 Attention: Nathaniel Bradley, Chief Execut
How this was made
The 30-second read
Why it matters
The agreement grants the beneficiary discretion to elect share settlement for earnout payments, with share quantity set by a five-day VWAP determination price (with a stated $0.61 for the Dec 31, 2025 earnout period). It also includes a cash reversion right if resale registration is not effective within a specified window.
Market read
This is a primary disclosure of earnout settlement mechanics that can affect DVLT’s dilution expectations and settlement cash needs depending on election behavior and registration timing.
What to watch
Traders will want the missing parts of the agreement for exchange cap, cash reversion triggers, and the total earnout amount, since those determine how many shares could ultimately be issued.
Background
The 8-K Item 1.01 describes a letter agreement amending/implementing an existing Earnout Agreement dated Dec 31, 2024 between Datavault AI Inc. and EOS Technology Holdings Inc.
Ticker impact
DVLT entered an 8-K material definitive agreement letting EOS elect to receive earnout payments in DVLT shares instead of cash, using a VWAP-based determination price.
Likely modest, sentiment-neutral impact unless the earnout size is large or the share-based election becomes widely used.
The disclosure is a primary SEC filing describing earnout share election terms and a specific determination price for the Dec 31, 2025 period ($0.61). However, the excerpt does not quantify total earnout dollars/shares, so magnitude is uncertain.
Market effects
Limited sector read-through; this is company-specific earnout settlement structure rather than an industry-wide change.
None indicated.
None indicated.
Counterpoint
If the cash reversion right is likely to be triggered (registration delays), the practical effect may shift back toward cash, reducing dilution risk.
Key entities
- issuerDatavault AI Inc.
Company filing the 8-K and issuing common stock for earnout share settlement.
- counterpartyEOS Technology Holdings Inc.
Beneficiary under the earnout agreement with the right to elect share-based settlement.
- regulatorSEC
Registration statement effectiveness timing drives the cash reversion right.
