Business Context and Reporting Period
This Form 8-K Current Report is filed by Vivos Therapeutics, Inc. (NASDAQ: VVOS), an emerging growth company incorporated in Delaware. The report covers events occurring on February 14, 2025.
Key Financial Metrics and Agreements
The filing details a new capital raising mechanism rather than reporting period-end financial results.
- At-The-Market Offering: Entered into an agreement to sell up to $3,328,881 of common stock.
- Agent: H.C. Wainwright & Co., LLC.
- Compensation: The Company will pay a cash commission of 3% of the gross sales price of shares sold.
- Financial Statements: This filing does not contain revenue, profit, cash flow, or debt metrics. Refer to the Company's most recent 10-K or 10-Q for those figures.
Material Changes and Executive Compensation
As previously disclosed in a September 12, 2024 filing, the Company executed amended and restated employment agreements effective January 1, 2025, for:
- R. Kirk Huntsman (Chief Executive Officer).
- Bradford Amman (Chief Financial Officer, Secretary, and Treasurer).
The specific terms of these agreements were detailed in the prior filing and are attached as exhibits to this report.
Outlook, Risks, and Unusual Items
Capital Strategy: The Company is not obligated to sell any shares under the new offering agreement. Sales will be made at market prices based on instructions from the Company, subject to customary parameters.
Risks: The offering may dilute existing shareholders. The agreement terminates upon the sale of all shares or earlier termination by either party.
Unusual Items: None reported in this filing.
Investor Verification Checklist
- Verify the current share price and potential dilution impact of the $3.33 million offering.
- Review the full text of the Amended and Restated Employment Agreements (Exhibits 10.2 and 10.3) for specific compensation terms.
- Check the Company's most recent 10-Q or 10-K for current cash runway and liquidity status, as this 8-K does not provide updated financial statements.
- Monitor future filings for actual sales volumes under the At-The-Market program.