Business combination termination deadline
Company: Applied Digital
What the later record shows
Delivered on time · happened May 5, 2026
The claim is a termination right that applied only if the Business Combination had not closed by July 15, 2026. Later filings say the combination closed on May 5, 2026, before that deadline, so the right was never triggered.
“today announced the closing of its previously disclosed transaction to contribute its cloud business to EKSO Bionics Holdings, Inc.”
2026-05-04 · applied-digital 8-K exhibit (ex99-1.htm) View cached copy (2026-09-08)Live source ↗
“On May 5, 2026, we completed the separation of our cloud services business, combining it with Ekso Bionics Holdings, Inc. to form ChronoScale Holdings Corporation”
2026-07-27 · EX-99.1 View cached copy (2026-09-01)Live source ↗
Checked October 9, 2026 against filings, releases and reporting published after the claim was made. Quotes are verbatim from the linked documents.
The claim, verbatim
Either party may terminate the business combination agreement if it has not been consummated on or before July 15, 2026
Source (primary)
Applied Digital DEFA14A filed 2026-02-17 (SEC EDGAR, sec_filing)
View cached copy (2026-08-31)Live source ↗
Quote: “Either Ekso or APLD Intermediate may terminate the Contribution and Exchange Agreement (i) by mutual written consent, (ii) if the Business Combination has not been consummated on or before July 15, 2026”
How we checked this
Checked on October 10, 2026. The cited source supports every part of this claim.
The filing lists, among the termination rights available to either Ekso or APLD Intermediate, failure to consummate the business combination on or before July 15, 2026.
Confirmed in the source:
- Either Ekso or APLD Intermediate may terminate the Contribution and Exchange Agreement if the business combination has not been consummated on or before July 15, 2026
What we did: Read our cached copy of SEC EDGAR (https://www.sec.gov/Archives/edgar/data/1144879/000149315226006901/formdefa14a.htm) in full (22,278 characters, retrieved August 31, 2026) and checked each assertion in the claim against it.
Additional evidence
confirms Applied Digital DEFA14A filed 2026-02-17
Quote: “Either Ekso or APLD Intermediate may terminate the Contribution and Exchange Agreement (i) by mutual written consent, (ii) if the Business Combination has not been consummated on or before July 15, 2026”
confirms EX-99.1
Quote: “On May 5, 2026, we completed the separation of our cloud services business, combining it with Ekso Bionics Holdings, Inc. to form ChronoScale Holdings Corporation”
confirms applied-digital 8-K exhibit (ex99-1.htm)
Quote: “today announced the closing of its previously disclosed transaction to contribute its cloud business to EKSO Bionics Holdings, Inc.”