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NYSE: ACR ACRES Commercial Realty Corp. 8-K

ACRES Commercial Realty launches up to $50M common ATM and replaces preferred sales agent

Filed September 4, 2026 · Period ending August 31, 2026 · ~1 min read

4 key changes 2 sections

Key Changes

  • medium

    Entered into an equity distribution agreement with Raymond James to sell up to $50 million of common stock through at-the-market offerings.

  • medium

    Entered into a separate agreement with Seaport Global to sell up to 2,980,000 Series C and 2,192,143 Series D preferred shares via ATM.

  • medium

    Terminated the prior preferred ATM agreement with Jones Trading, under which only 7,857 of 2,200,000 Series D shares were sold.

  • low

    The new preferred agreement replaces the prior one with Jones Trading, with no change to securities or maximum amounts.

Summary

ACRES Commercial Realty Corp. has established two new at-the-market equity distribution programs. The company can sell up to $50 million of common stock through Raymond James, and up to 2,980,000 Series C and 2,192,143 Series D preferred shares through Seaport Global. Both agents receive a commission of up to 2.0% of gross sales.

The preferred program replaces a prior agreement with Jones Trading, which was terminated effective September 1, 2026. Under that prior agreement, only 7,857 of 2,200,000 Series D shares were sold, indicating minimal use. The new agreement does not change the securities offered or the maximum amounts.

For retail investors, these ATM programs provide the company with flexible access to capital but may result in dilution when shares are sold. The low utilization of the prior preferred facility suggests limited demand or strategic choice, and the switch in sales agent is a routine operational change.

Section-by-Section Diff

Event · Item 1.01 — Entry into a Material Definitive Agreement

~1,200 words

ACRES Commercial Realty enters two at-the-market equity distribution agreements to sell up to $50M common and preferred shares.

3 Added
Added Common Stock ATM Program medium

Added in current filing · verify on EDGAR →

the Company may offer and sell up to $50 million of its shares (the “Common Shares”) of its common stock, par value $0.001 per share (“Common Stock”) from time to time through the Common Sales Agent.

The Company entered into an Equity Distribution Agreement with Raymond James & Associates, Inc. to sell up to $50 million of common stock through at-the-market offerings. Sales will be made on the NYSE or other trading markets, in negotiated transactions, or block trades. The sales agent receives a commission not to exceed 2.0% of the gross sales price.

Added Preferred Stock ATM Program medium

Added in current filing · verify on EDGAR →

the Company may offer and sell up to 2,980,000 shares of its 8.625% Fixed-to-Floating Series C Cumulative Redeemable Preferred Stock (the “Series C Preferred Stock”) and up to 2,192,143 shares of its 7.875% Series D Cumulative Redeemable Preferred Stock (the “Series D Preferred Stock” and together with the Series C Preferred Stock, the “Preferred Stock”) (the “Preferred Shares”) from time to time through the Preferred Sales Agent.

The Company entered into a separate Equity Distribution Agreement with Seaport Global Securities LLC to sell up to 2,980,000 shares of Series C Preferred Stock and up to 2,192,143 shares of Series D Preferred Stock through at-the-market offerings. The sales agent receives a commission not to exceed 2.0% of the gross sales price.

Show 1 minor / wording change
Added Replacement of Prior Preferred Distribution Agreement low

Added in current filing · verify on EDGAR →

This Preferred Distribution Agreement replaces the prior equity distribution agreement among the Company and Jones Trading Institutional Services LLC (“Jones Trading”), dated October 4, 2021 (“Prior Preferred Distribution Agreement”).

The new Preferred Distribution Agreement with Seaport Global Securities LLC replaces the prior agreement with Jones Trading Institutional Services LLC dated October 4, 2021. This change in sales agent does not alter the securities being offered or the maximum amounts.

Event · Item 1.02 — Termination of a Material Definitive Agreement

~100 words

Item 1.02 — Termination of a Material Definitive Agreement filed; see Key Changes for terms.

1 Added
Added Termination of Preferred Equity Distribution Agreement medium

Added in current filing · verify on EDGAR →

On August 31, 2026, the Company delivered a notice to Jones Trading that terminated the Prior Preferred Equity Distribution Agreement effective as of the close of business on September 1, 2026.

The company affirmatively terminated its at-the-market sales agreement for Series D Preferred Stock with Jones Trading, effective September 1, 2026. This ends the company's ability to sell additional shares under that agreement.

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Figures/quotes linked to EDGAR · Narrative written by AI · Sep 7, 2026 · How we verify