13G Filing: Empery Asset Management, LP and Digital Ally Inc (DGLY)

Pursuant to the terms of the Reported Warrants that are Series B
Warrants, the Reporting Persons cannot exercise such Reported Warrants to the extent the Reporting Persons would beneficially own,
after any such exercise, more than 9.99% of the outstanding shares of Common Stock (the “B Warrant Blockers“),
and the percentage set forth in Row 11 of the cover page for each Reporting Person gives effect to the B Warrant Blockers. Consequently,
as of the date of the event which requires the filing of this statement, the Reporting Persons were not able to exercise all of
such Reported Warrants due to the B Warrant Blockers.

Pursuant to the terms of the Reported Warrants that are Series A-2
Warrants, the Reporting Persons cannot exercise such Reported Warrants to the extent the Reporting Persons would beneficially own,
after any such exercise, more than 4.99% of the outstanding shares of Common Stock (the “A-2 Warrant Blockers”
and collectively with the B Warrant Blockers, the “Blockers“), and the percentage set forth in Row 11 of the cover
page for each Reporting Person gives effect to the A-2 Warrant Blockers. Consequently, as of the date of the event which requires
the filing of this statement, the Reporting Persons were not able to exercise any of such Reported Warrants due to the A-2 Warrant
Blockers.

The Investment Manager, which serves as the investment manager to the Empery Funds, may be deemed to be the beneficial owner of all shares of Common Stock held by, and underlying the Reported Warrants (subject to the Blockers) held by, the Empery Funds. Each of the Reporting Individuals, as Managing Members of the General Partner of the Investment Manager with the power to exercise investment discretion, may be deemed to be the beneficial owner of all shares of Common Stock held by, and underlying the Reported Warrants (subject to the Blockers) held by, the Empery Funds. The foregoing should not be construed in and of itself as an admission by any Reporting Person as to beneficial ownership of shares of Common Stock owned by another Reporting Person. Each of the Empery Funds and the Reporting Individuals hereby disclaim any beneficial ownership of any such shares of Common Stock.

13G Filing: Empery Asset Management, LP and Digital Ally Inc (DGLY)

Published on August 28, 2017 at 10:16 am by Insider Monkey Staff in Hedge Funds

Page 7 of 10 – SEC Filing

Follow Digital Ally Inc. (NASDAQ:DGLY)

Follow Digital Ally Inc. (NASDAQ:DGLY)

AI Fire Sale: Insider Monkey’s #1 AI Stock Pick Is On A Steep Discount

Published on January 2, 2025 at by Inan Dogan, PhD

A New Dawn is Coming to U.S. Stocks

Published on January 7, 2025 at by Insider Monkey Staff

Item 5.	OWNERSHIP OF FIVE PERCENT OR LESS OF A CLASS.
	Not applicable.

Item 6.	OWNERSHIP OF MORE THAN FIVE PERCENT ON BEHALF OF ANOTHER PERSON.
	See Item 2(a) above.

Item 7.	IDENTIFICATION AND CLASSIFICATION OF THE SUBSIDIARY WHICH ACQUIRED THE SECURITY BEING REPORTED ON BY THE PARENT HOLDING COMPANY.
	Not applicable.

Item 8.	IDENTIFICATION AND CLASSIFICATION OF MEMBERS OF THE GROUP.
	Not applicable.

Item 9.	NOTICE OF DISSOLUTION OF GROUP.
	Not applicable.