Form 8-K

8-K — Hyperscale Data, Inc.

Accession: 0001214659-26-004810

Filed: 2026-04-17

Period: 2026-04-17

CIK: 0000896493

SIC: 3533 (OIL & GAS FILED MACHINERY & EQUIPMENT)

Item: Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year

Item: Regulation FD Disclosure

Item: Financial Statements and Exhibits

Documents

8-K — w4172608k.htm (Primary)

EX-3.1 — EXHIBIT 3.1 (ex3_1.htm)

EX-99.1 — EXHIBIT 99.1 (ex99_1.htm)

EX-99.2 — EXHIBIT 99.2 (ex99_2.htm)

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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

____________________________________________________________

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities

Exchange Act of 1934

___________________________________________________________________

Date of Report (Date of earliest event reported): April 17, 2026

HYPERSCALE DATA, INC.

(Exact name of registrant as specified in its charter)

Delaware

001-12711

94-1721931

(State or other jurisdiction of

incorporation or organization)

(Commission File Number)

(I.R.S. Employer Identification No.)

11411 Southern Highlands Parkway, Suite 190,

Las Vegas, NV 89141

(Address of principal executive offices) (Zip Code)

(949) 444-5464

(Registrant's telephone number, including area

code)

Check the appropriate box below if the Form 8-K filing is intended

to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o Written

communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting

material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement

communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement

communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b)

of the Act:

Title of each class

Trading

Symbol(s)

Name of each exchange on which registered

Class A Common Stock, $0.001 par value

GPUS

NYSE American

13.00% Series D Cumulative Redeemable Perpetual Preferred Stock, par value $0.001 per share

GPUS PD

NYSE American

Indicate by check mark whether the registrant is an emerging growth

company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange

Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company ¨

If an emerging growth company, indicate by check mark if the registrant

has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant

to Section 13(a) of the Exchange Act. ¨

Item 5.03 Amendments to Articles of Incorporation; Change in Fiscal Year.

On April 16, 2026, Hyperscale

Data, Inc. (the “Company”) filed a certificate of amendment (the “Certificate of Amendment”) to

its Certificate of Incorporation, with the Secretary of State of the State of Delaware, to effectuate an increase to the number of authorized

shares of common stock of the Company. Pursuant to the Certificate of Amendment, the Company increased the number of authorized shares

of its Class A common stock, par value $0.001, to 2,500,000,000 from 500,000,000 (the “Authorized Increase”). The number

of authorized shares of the Company’s Class B common stock remains at 25,000,000 and the number of authorized shares of the Company’s

preferred stock remains at 25,000,000. As a result of the increase of authorized shares of its Class A common stock, the aggregate number

of the Company’s authorized shares is 2,550,000,000. The Authorized Increase was approved by the Company’s board of directors

as of December 19, 2025, and approved by a vote of the stockholders of the Company at its April 10, 2026 Special Meeting of Shareholders.

The Certificate of Amendment became effective upon filing with the State of Delaware on April 16, 2026.

The foregoing description

of the Certificate of Amendment does not purport to be complete and is qualified in its entirety by reference to the full text of the

Certificate of Amendment, a copy of which is attached as Exhibit 3.1 to this Current Report on Form 8-K, which is incorporated

herein by reference.

Item 7.01 Regulation FD Disclosure.

On April 17, 2026, the Company issued a press

release announcing that its wholly owned subsidiary Omnipresent Robotics, LLC (“Omnipresent”), has entered into

a strategic partnership agreement (the “Agreement”) with AGIBOT PTE. LTD. (“AGIBOT”), a developer

of intelligent robotics technology (the “AGIBOT Press Release”). The AGIBOT Press Release further stated that under

the terms of the Agreement, Omnipresent expects to collaborate with AGIBOT on the deployment and commercialization of intelligent robotic

systems and AI data collection initiatives. A copy of the AGIBOT Press Release is furnished herewith as Exhibit 99.1 and

is incorporated by reference herein.

On April 17, 2026, the Company issued a second

press release announcing a cash dividend to holders of the 13.00% Series D Cumulative Redeemable Preferred Stock of $0.2708333

per share (the “Dividend Press Release”). In addition, the Dividend Press Release

also announced a cash dividend to holders of the 10.00% Series E Cumulative Redeemable Perpetual

Preferred Stock of $0.20833 per share. The record

date for both dividends is April 30, 2026, and the payment date is May 11, 2026. A

copy of the Dividend Press Release is furnished herewith as Exhibit 99.2 and is incorporated by reference herein.

In accordance with General Instruction B.2 of

Form 8-K, the information under this item shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934,

as amended, nor shall such information be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended,

except as shall be expressly set forth by specific reference in such a filing. This report will not be deemed an admission as to the materiality

of any information required to be disclosed solely to satisfy the requirements of Regulation FD.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits:

Exhibit No.

Description

3.1

Certificate of Amendment dated April 16, 2026.

99.1

AGIBOT Press Release issued on April 17, 2026.

99.2

Dividend Press Release issued on April 17, 2026.

101

Pursuant to Rule 406 of Regulation S-T, the cover page is formatted in Inline XBRL (Inline eXtensible Business Reporting Language).

104

Cover Page Interactive Data File (embedded within the Inline XBRL document and included in Exhibit 101).

-2-

SIGNATURE

Pursuant to the requirements of the Securities

Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

HYPERSCALE DATA, INC.

Dated: April 17, 2026

/s/ Henry Nisser

Henry Nisser

President and General Counsel

-3-

EX-3.1 — EXHIBIT 3.1

EX-3.1

Filename: ex3_1.htm · Sequence: 2

Exhibit 3.1

DelawareThe First StatePage 1 6551776 8100Authentication: 203665643SR# 20261843096Date: 04-16-26You may verify this certificate online at corp.delaware.gov/authver.shtmlI, CHARUNI PATIBANDA-SANCHEZ, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "HYPERSCALE DATA, INC.", FILED IN THIS OFFICE ON THE SIXTEENTH DAY OF APRIL, A.D. 2026, AT 1:42 O`CLOCK P.M.

CERTIFICATE OF AMENDMENT

THE CERTIFICATE OF INCORPORATION

HYPERSCALE DATA, INC.

State of Delaware

Secretary of State

Division of Corporations

Delivered 01:42 PM 04/16/2026

FILED 01:42 PM 04/16/2026

SR 20261843096 - File Number 6551776

Hyperscale Data, Inc., a corporation organized and existing

under the laws of the State ofDelaware (the "Corporation") hereby

certifies that the amendment set forth below to the Corporation's

Certificate oflncorporation (the "Certificate") was duly adopted in

accordance with sections 141 and 242 of the Delaware General

Corporation Law (the "DGCL") by the board of directors of the

Corporation on December 19, 2025 , and approved by a vote

of the stockholders of the Corporation on April 10, 2026:

RESOLVED, that Article IV Section 1 is hereby amended

as follows:

"Section 1. Authorized Shares

This Corporation is authorized to issue two billion, five

hundred million (2,500,000,000) shares of Class A Common

Stock, par value $0.001 per share (the "Class A Common

Stock"), twenty-five million (25,000,000) shares of Class B

Common Stock, par value $0.001 per share (the "Class

B Common Stock," and together with the Class A Common

Stock, the "Common Stock"), and twenty-five

million (25,000,000) shares of Preferred Stock, par value $0.001 per

share. The number of authorized shares of any class or

classes of stock may be increased or decreased (but not below

the number of shares thereof then outstanding) by the

affinnative vote of the holders of at least a majority of the voting

power of the issued and outstanding shares of Common Stock

of the Corporation, voting together as a single class."

IN WITNESS WHEREOF, the Corporation has caused

this Certificate of Amendment to be signed by its duly authorized

officer as of April 16 2026.

By: Isl Henry Nisser

Henry Nisser

President

EX-99.1 — EXHIBIT 99.1

EX-99.1

Filename: ex99_1.htm · Sequence: 3

Exhibit 99.1

Hyperscale Data Announces Strategic Partnership

with AGIBOT for AI Robotics

LAS VEGAS--(PR NEWSWIRE) – April 17, 2026

– Hyperscale Data, Inc. (NYSE American: GPUS),

an artificial intelligence (“AI”) data center company anchored by Bitcoin (“Hyperscale Data” or

the “Company”), today announced that through its wholly owned subsidiary Omnipresent Robotics, LLC (“Omnipresent”),

it has entered into a strategic partnership agreement (the “Agreement”) with AGIBOT

PTE. LTD. (“AGIBOT”), a developer of intelligent robotics technology.

Under the terms of the Agreement, Omnipresent

expects to collaborate with AGIBOT on the deployment and commercialization of intelligent robotic systems and AI data collection initiatives.

“We believe this Agreement represents an

important step in expanding Hyperscale Data’s capabilities in AI and robotics,” stated Milton “Todd” Ault III,

Executive Chairman of Hyperscale Data. “We look forward to discussing this initiative in more detail during our previously announced

webcast on April 21, 2026, where we will provide additional context regarding our strategy and expected development plans.”

Additional details will be provided on Monday,

April 20, 2026, and Tuesday, April 21, 2026, via press release and the previously mentioned webcast. Stockholders are encouraged to register

for the webcast here.

For

more information on Hyperscale Data and its subsidiaries, Hyperscale Data recommends that stockholders, investors and any other interested

parties read Hyperscale Data’s public filings and press releases available under the Investor Relations section at hyperscaledata.com

or available at www.sec.gov.

About Hyperscale

Data, Inc.

Through its wholly

owned subsidiary Sentinum, Inc., Hyperscale Data owns and operates a data center at which it mines digital assets and offers colocation

and hosting services for the emerging AI ecosystems and other industries. Hyperscale Data’s other wholly owned subsidiary, Ault

Capital Group, Inc. (“ACG”), is a diversified holding company pursuing growth by acquiring undervalued businesses and

disruptive technologies with a global impact.

Hyperscale Data currently

expects the divestiture of ACG (the “Divestiture”) to occur in the second quarter of 2027. Upon the occurrence of the

Divestiture, the Company would be an owner and operator of data centers to support high-performance computing services, as well as a holder

of the digital assets. Until the Divestiture occurs, the Company will continue to provide, through ACG and its wholly and majority-owned

subsidiaries and strategic investments, mission-critical products that support a diverse range of industries, including an AI software

platform, equipment rental services, defense/aerospace, industrial, automotive, medical/biopharma and hotel operations. In addition, ACG

is actively engaged in private credit and structured finance through a licensed lending subsidiary. Hyperscale Data’s headquarters

are located at 11411 Southern Highlands Parkway, Suite 190, Las Vegas, NV 89141.

On December 23, 2024,

the Company issued one million (1,000,000) shares of a newly designated Series F Exchangeable Preferred Stock (the “Series F

Preferred Stock”) to all common stockholders and holders of the Series C Preferred Stock on an as-converted basis. The Divestiture

will occur through the voluntary exchange of the Series F Preferred Stock for shares of Class A Common Stock and Class B Common Stock

of ACG (collectively, the “ACG Shares”). The Company reminds its stockholders that only those holders of the Series

F Preferred Stock who agree to surrender such shares, and do not properly withdraw such surrender, in the exchange offer through which

the Divestiture will occur, will be entitled to receive the ACG Shares and consequently be shareholders of ACG upon the occurrence of

the Divestiture.

Forward-Looking Statements

This press release

contains “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section

21E of the Securities Exchange Act of 1934, as amended. These forward-looking statements generally include statements that are predictive

in nature and depend upon or refer to future events or conditions, and include words such as “believes,” “plans,”

“anticipates,” “projects,” “estimates,” “expects,” “intends,” “strategy,”

“future,” “opportunity,” “may,” “will,” “should,” “could,” “potential,”

or similar expressions. Statements that are not historical facts are forward-looking statements. Forward-looking statements are based

on current beliefs and assumptions that are subject to risks and uncertainties.

Forward-looking

statements speak only as of the date they are made, and the Company undertakes no obligation to update any of them publicly in light of

new information or future events. Actual results could differ materially from those contained in any forward-looking statement as a result

of various factors. More information, including potential risk factors, that could affect the Company’s business and financial results

are included in the Company’s filings with the U.S. Securities and Exchange Commission, including, but not limited to, the Company’s

Forms 10-K, 10-Q and 8-K. All filings are available at www.sec.gov

and on the Company’s website at hyperscaledata.com.

Hyperscale Data Investor Contact:

IR@hyperscaledata.com

or 1-888-753-2235

EX-99.2 — EXHIBIT 99.2

EX-99.2

Filename: ex99_2.htm · Sequence: 4

Exhibit 99.2

Hyperscale Data Declares Monthly Cash Dividend

of $0.2708333 per Share of 13.00% Series D Cumulative Redeemable Perpetual Preferred Stock

Hyperscale Data Also Declares Monthly Cash

Dividend of $0.20833 per Share of 10.00% Series E Cumulative Redeemable Perpetual Preferred Stock

LAS VEGAS--(PR NEWSWIRE) – April 17, 2026

– Hyperscale Data, Inc. (NYSE American: GPUS),

an artificial intelligence (“AI”) data center company anchored by Bitcoin (“Hyperscale Data” or

the “Company”), today announced that its Board of Directors (the “Board”) has declared a monthly

cash dividend of $0.2708333 per share of the Company’s outstanding 13.00% Series D Cumulative Redeemable Perpetual Preferred Stock.

Link to NYSE quote for the Company’s 13.00%

Series D Cumulative Redeemable Perpetual Preferred Stock: https://www.nyse.com/quote/XASE:GPUSpD

The Company also announced today that the Board

has declared a monthly cash dividend of $0.20833 per share of the Company’s outstanding 10.00% Series E Cumulative Redeemable Perpetual

Preferred Stock.

The record date for both dividends is April 30,

2026, and the payment date is Monday, May 11, 2026.

For

more information on Hyperscale Data and its subsidiaries, Hyperscale Data recommends that stockholders, investors, and any other interested

parties read Hyperscale Data’s public filings and press releases available under the Investor Relations section at hyperscaledata.com

or available at www.sec.gov.

About Hyperscale

Data, Inc.

Through its wholly owned subsidiary

Sentinum, Inc., Hyperscale Data owns and operates a data center at which it mines digital assets and offers colocation and hosting services

for the emerging AI ecosystems and other industries. Hyperscale Data’s other wholly owned subsidiary, Ault Capital Group, Inc. (“ACG”),

is a diversified holding company pursuing growth by acquiring undervalued businesses and disruptive technologies with a global impact.

Hyperscale Data currently expects the

divestiture of ACG (the “Divestiture”) to occur in the second quarter of 2027. Upon the occurrence of the Divestiture,

the Company would be an owner and operator of data centers to support high-performance computing services, as well as a holder of the

digital assets. Until the Divestiture occurs, the Company will continue to provide, through ACG and its wholly and majority-owned subsidiaries

and strategic investments, mission-critical products that support a diverse range of industries, including an AI software platform, equipment

rental services, defense/aerospace, industrial, automotive, medical/biopharma and hotel operations. In addition, ACG is actively engaged

in private credit and structured finance through a licensed lending subsidiary. Hyperscale Data’s headquarters are located at 11411

Southern Highlands Parkway, Suite 190, Las Vegas, NV 89141.

On December 23, 2024, the Company issued

one million (1,000,000) shares of a newly designated Series F Exchangeable Preferred Stock (the “Series F Preferred Stock”)

to all common stockholders and holders of the Series C Preferred Stock on an as-converted basis. The Divestiture will occur through the

voluntary exchange of the Series F Preferred Stock for shares of Class A Common Stock and Class B Common Stock of ACG (collectively, the

“ACG Shares”). The Company reminds its stockholders that only those holders of the Series F Preferred Stock who agree

to surrender such shares, and do not properly withdraw such surrender, in the exchange offer through which the Divestiture will occur,

will be entitled to receive the ACG Shares and consequently be shareholders of ACG upon the occurrence of the Divestiture.

Forward-Looking Statements

This press release

contains “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section

21E of the Securities Exchange Act of 1934, as amended. These forward-looking statements generally include statements that are predictive

in nature and depend upon or refer to future events or conditions, and include words such as “believes,” “plans,”

“anticipates,” “projects,” “estimates,” “expects,” “intends,” “strategy,”

“future,” “opportunity,” “may,” “will,” “should,” “could,” “potential,”

or similar expressions. Statements that are not historical facts are forward-looking statements. Forward-looking statements are based

on current beliefs and assumptions that are subject to risks and uncertainties.

Forward-looking

statements speak only as of the date they are made, and the Company undertakes no obligation to update any of them publicly in light of

new information or future events. Actual results could differ materially from those contained in any forward-looking statement as a result

of various factors. More information, including potential risk factors, that could affect the Company’s business and financial results

are included in the Company’s filings with the U.S. Securities and Exchange Commission, including, but not limited to, the Company’s

Forms 10-K, 10-Q and 8- K. All filings are available at www.sec.gov

and on the Company’s website at hyperscaledata.com.

Hyperscale Data Investor Contact:

IR@hyperscaledata.com

or 1-888-753-2235

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Apr. 17, 2026

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Current Fiscal Year End Date

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Trading symbol of an instrument as listed on an exchange.

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Boolean flag that is true when the Form 8-K filing is intended to satisfy the filing obligation of the registrant as written communications pursuant to Rule 425 under the Securities Act.

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