Data Storage Corporation Equity Distribution Agreement
Data Storage Corporation entered into an Equity Distribution Agreement with Maxim Group LLC on May 26, 2026. Through this agreement, the Company can offer and sell shares of its common stock, par value $0.001 per share, from time to time via Maxim Group LLC, acting as sales agent or principal. The terms are similar to a previous agreement dated July 18, 2024. Maxim Group LLC will use commercially reasonable efforts to sell shares based on the Company's instructions, including "at the market" offerings or privately negotiated transactions. Maxim's obligations are contingent on the effectiveness of the Registration Statement and other customary conditions. The Company will pay Maxim a commission of 2.5% of the aggregate gross proceeds from each sale and reimburse certain expenses, not exceeding $25,000, plus $2,500 for legal fees on each Bringdown Date. The Company is not obligated to sell any shares, and no assurance is given regarding the amount or price of shares sold. The agreement terminates upon the sale of all shares or as otherwise provided within the agreement. Offers and sales will be made through a prospectus dated July 26, 2024, which is part of the Company's shelf registration statement on Form S-3 (File 333-280881). This prospectus relates to the offering of up to $10,600,000 shares of Common Stock. The Company makes no assurances as to the continued effectiveness of the Registration Statement.