| (a) | List of documents filed as part of this report: |
The financial statements of the Company and the related reports of the Company’s independent registered public accounting firm thereon have been filed under Item 8 hereof.
| 2. | Financial Statement Schedules: |
None.
The following is a list of exhibits filed as part of this Annual Report on Form 10-K:
| · · · · Incorporated by Reference from Filings as Noted Below (UnlessOtherwise Indicated) |
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| ExhibitNumber | | Exhibit Description | | Form | | File No. | | Exhibit | | Filing Date |
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| 3.1 | | Third Amended and Restated Certificate of Incorporation | | 8-K | | 001-38365 | | 3.1 | | January 29, 2018 |
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| 3.1.1 | | Certificate of Amendment to the Third Amended and Restated Certificate of Incorporation | | 8-K | | 001-38365 | | 3.1.1 | | June 14, 2018 |
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| 3.1.2 | | Certificate of Amendment to the Third Amended and Restated Certificate of Incorporation | | 8-K | | 001-38365 | | 3.1 | | June 14, 2024 |
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| 3.1.3 | | Certificate of Amendment to the Third Amended and Restated Certificate of Incorporation | | 8-K | | 001-38365 | | 3.1 | | January 31, 2025 |
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| 3.1.4 | | Certificate of Amendment to the Third Amended and Restated Certificate of Incorporation | | 8-K | | 001-38365 | | 3.1 | | July 2, 2025 |
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| 3.1.5 | | Certificate of Amendment to the Third Amended and Restated Certificate of Incorporation | | 8-K | | 001-38365 | | 3.1 | | August 21, 2025 |
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| 3.1.6 | | Amended and Restated Certificate of Designation of Series A Non-Voting Convertible Preferred Stock | | | | | | | | Filed herewith |
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| 3.2 | | Third Amended and Restated Bylaws | | 8-K | | 001-38365 | | 3.1 | | March 26, 2026 |
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| 4.1 | | Description of Securities | | 10-K | | 001-38365 | | 4.1 | | April 15, 2025 |
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| 4.2 | | Form of Class B Warrant Issued on March 24, 2020 | | 8-K | | 001-38365 | | 4.2 | | March 25, 2020 |
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| 4.3 | | Warrant Amendment Agreement, dated June 28, 2024 | | 8-K | | 001-38365 | | 10.3 | | July 1, 2024 |
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| 4.4 | | Form of Warrant Issued on May 7, 2021 | | 8-K | | 001-38365 | | 4.1 | | May 10, 2021 |
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| 4.5 | | Form of Warrant Issued on July 1, 2024 | | 8-K | | 001-38365 | | 4.1 | | July 1, 2024 |
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| 4.6 | | Form of Warrant Issued on September 30, 2024 | | 8-K | | 001-38365 | | 4.1 | | September 30, 2024 |
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| 4.7 | | Amendment No. 1 to Warrant Issued on September 30, 2024, dated December 9, 2024 | | 10-K | | 001-38365 | | 4.7 | | April 15, 2025 |
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| 4.8 | | Form of Warrant Issued on November 26, 2024 | | 8-K | | 001-38365 | | 4.1 | | November 26, 2024 |
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| 4.9 | | Amendment No. 1 to Warrant Issued on November 26, 2024, dated December 9, 2024 | | 10-K | | 001-38365 | | 4.9 | | April 15, 2025 |
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| 4.10 | | Form of Warrant Issued on December 9, 2024 | | 8-K | | 001-38365 | | 4.1 | | December 9, 2024 |
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| 4.11 | | Form of Series A Warrant Issued on January 17, 2025 | | 8-K | | 001-38365 | | 4.1 | | January 16, 2025 |
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| 4.12 | | Form of Series B Warrant Issued on January 17, 2025 | | 8-K | | 001-38365 | | 4.2 | | January 16, 2025 |
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| 4.13 | | Form of Amended and Restated Purchaser Warrant, dated as of June 17, 2025 | | | | | | | | Filed herewith |
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| 4.14 | | Form of Placement Agent Warrant, dated June 17, 2025 | | 8-K | | 001-38365 | | 4.2 | | June 24, 2025 |
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| 4.15 | | Form of Lender Warrant, dated June 17, 2025 | | 8-K | | 001-38365 | | 4.3 | | June 24, 2025 |
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| 10.1 | | Loan and Security Agreement, dated November 22, 2022, by among Eyenovia, Inc., Avenue Capital Management II, L.P., Avenue Venture Opportunities Fund, L.P. and Avenue Venture Opportunities Fund II, L.P. | | 10-K | | 001-38365 | | 10.30 | | March 31, 2023 |
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| 10.2 | | Supplement to the Loan and Security Agreement, dated November 22, 2022, by among Eyenovia, Inc., Avenue Capital Management II, L.P., Avenue Venture Opportunities Fund, L.P. and Avenue Venture Opportunities Fund II, L.P. | | 10-K | | 001-38365 | | 10.31 | | March 31, 2023 |
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| 10.3 | | Subscription Agreement, dated November 22, 2022, by and among Eyenovia, Inc., Avenue Venture Opportunities Fund, L.P. and Avenue Venture Opportunities Fund II, L.P. | | 10-K | | 001-38365 | | 10.32 | | March 31, 2023 |
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| 10.4 | | First Amendment to Supplement to the Loan and Security Agreement by and among Eyenovia, Inc., Avenue Capital Management II, L.P., Avenue Venture Opportunities Fund, L.P. and Avenue Venture Opportunities Fund II, L.P., dated November 22, 2024 | | 8-K | | 001-38365 | | 10.1 | | November 25, 2024 |
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| 10.5 | | Subscription Agreement, dated as of November 22, 2024, by and among Eyenovia, Inc., Avenue Venture Opportunities Fund, L.P. and Avenue Venture Opportunities Fund II, L.P. | | 8-K | | 001-38365 | | 10.2 | | November 25, 2024 |
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| 10.6 | | Second Amendment to Supplement to Loan and Security Agreement, dated as of February 21, 2025, by and among the Company, Avenue Capital Management II, L.P., Avenue Venture Opportunities Fund, L.P. and Avenue Venture Opportunities Fund II, L.P. | | 8-K | | 001-38365 | | 10.1 | | February 24, 2025 |
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| 10.7 | | Third Amendment to Supplement to Loan and Security Agreement by and among Eyenovia, Inc., Avenue Capital Management II, L.P., Avenue Venture Opportunities Fund, L.P. and Avenue Venture Opportunities Fund II, L.P., dated May 30, 2025 | | 8-K | | 001-38365 | | 10.1 | | June 5, 2025 |
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| 10.8 | | Fourth Amendment to Supplement to Loan and Security Agreement by and among Eyenovia, Inc., Avenue Capital Management II, L.P., Avenue Venture Opportunities Fund, L.P. and Avenue Venture Opportunities Fund II, L.P., dated June 17, 2025 | | 8-K | | 001-38365 | | 10.3 | | June 24, 2025 |
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| 10.9* | | Amended and Restated Employment Agreement by and between Eyenovia, Inc. and Michael Rowe, dated as of June 17, 2025 | | 8-K | | 001-38365 | | 10.5 | | June 24, 2025 |
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| 10.10* | | Employment Agreement by and between the Company and David Knox, dated September 8. 2025 | | 8-K | | 001-38365 | | 10.1 | | September 29, 2025 |
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| 10.11* | | Separation and Release Agreement by and between the Company and Bren Kern, dated July 1, 2025 | | 8-K | | 001-38365 | | 10.1 | | July 2, 2025 |
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| 10.12* | | Amended and Restated Employment Agreement by and between Hyperion DeFi, Inc. and Hyunsu Jung, dated January 1, 2026 | | 8-K | | 001-38365 | | 10.1 | | January 1, 2026 |
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| 10.13 | | Inducement Restricted Stock Unit Award Agreement | | 10-Q | | 001-38365 | | 10.3 | | November 14, 2025 |
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| 10.14* | | Amended and Restated Non-Employee Director Compensation Policy | | 10-Q | | | | 10.8 | | August 13, 2025 |
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| 10.15* | | Eyenovia, Inc. 2014 Equity Incentive Plan, as amended | | S-8 | | 333-233278 | | 10.14 | | August 14, 2019 |
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| 10.16* | | Form of Nonqualified Stock Option Agreement | | S-8 | | 333-233278 | | 10.15 | | August 14, 2019 |
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| 10.17 | | Eyenovia, Inc. Amended and Restated 2018 Omnibus Stock Incentive Plan, as Amended | | 8-K | | 001-38365 | | 10.1 | | June 27, 2023 |
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| 10.18 | | Form of Restricted Stock Unit Agreement | | 10-K/A | | 001-38365 | | 10.34 | | May 1, 2023 |
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| 10.19* | | Form of Notice of Inducement Stock Option Grant | | 10-Q | | 001-38365 | | 10.7 | | November 12, 2024 |
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| 10.20* | | Form of Indemnification and Advancement Agreement | | 10-Q | | 001-38365 | | 10.8 | | November 12, 2024 |
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| 10.21 | | Sales Agreement by and among Hyperion DeFi, Inc. and Cantor Fitzgerald & Co. and Chardan Capital Markets, LLC, dated November 14, 2025 | | S-3 | | 333-291570 | | 1.2 | | November 17, 2025 |
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| 10.22 | | Inducement Letter, dated January 16, 2025 | | 10-K | | 001-38365 | | 10.26 | | April 15, 2025 |
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| 10.23 | | Form of Securities Purchase Agreement, dated June 17, 2025 | | 8-K | | 001-38365 | | 10.1 | | June 24, 2025 |
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| 10.24 | | Form of Registration Rights Agreement, dated June 17, 2025 | | 8-K | | 001-38365 | | 10.2 | | June 24, 2025 |
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| 10.25# | | Joint Validator Operators’ Agreement by and among Hyperion DeFi, Inc., Kinetiq Research Pte. Ltd. and Pier Two Pty Ltd, dated as of June 25, 2025 | | | | -- | | | | Filed herewith |
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| 19.1 | | Insider Trading Policy | | 10-K | | 001-38365 | | 19.1 | | April 15, 2025 |
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| 23.1 | | Consent of CBIZ, Inc. | | | | -- | | | | Filed herewith |
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| 23.2 | | Consent of Marcum, LLP | | | | | | | | Filed herewith |
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| 31.1 | | Certification of the Principal Executive Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | | | | -- | | | | Filed herewith |
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| 31.2 | | Certification of the Principal Financial Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | | | | -- | | | | Filed herewith |
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| 32.1 · · Certification of the Principal Executive Officer Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 · · · -- · · · Filed herewith |
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| 32.2 · · Certification of the Principal Financial Officer pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 · · · -- · · · Filed herewith |
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| 97.1 | | Policy Relating to Recovery of Erroneously Awarded Compensation | | 10-K | | 001-38365 | | 97.1 | | March 18, 2024 |
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| 101 | | Inline interactive data files pursuant to Rule 405 of Regulation S-T: (i) Balance Sheets as of December 31, 2025 and 2024; (ii) Statements of Operations for the Years Ended December 31, 2025 and 2024; (iii) Statements of Changes in Stockholders’ Equity for the Years Ended December 31, 2025 and 2024; (iv) Statements of Cash Flows for the Years Ended December 31, 2025 and 2024; and (v) Notes to Financial Statements | | | | -- | | | | Filed herewith |
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| 104 | | Cover Page Interactive Data File - the cover page XBRL tags are embedded within the Inline XBRL document contained in Exhibit 101 | | | | -- | | | | Filed herewith |
| * | Management contract or other compensatory plan. |
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| # | Certain confidential portions of this Exhibit were omitted by means of marking such portions with brackets (“[***]”) because the identified confidential portions (i) are not material and (ii) are the type of information that the Company treats as private or confidential. |
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