Vivos Therapeutics Confirms Nasdaq Compliance After SOD Acquisition

Vivos Therapeutics, Inc. (Nasdaq: VVOS) has regained compliance with Nasdaq Listing Rule 5550(b)(1), which mandates a minimum stockholders' equity of $2.5 million. The company announced on October 21, 2026, that it received a confirmation letter from the Listing Qualifications staff of The Nasdaq Stock Market LLC dated October 20, 2026, verifying its adherence to the equity standard following recent corporate transactions.

The restoration of compliance is directly attributed to the closing of Vivos' acquisition of an 11% fully diluted equity interest in SOD Sciences, Inc. and a 50% undivided co-ownership interest in SOD's pseudohypoxia early-warning test. To facilitate this deal, Vivos issued 12,000 shares of Series C Convertible Preferred Stock with an aggregate stated value of $12,000,000. This preferred stock is convertible into up to 80,000,000 shares of common stock at a fixed price of $0.15 per share. The conversion is subject to a 19.99% exchange cap, which remains in effect pending stockholder approval for lifting, as well as an initial 4.99% beneficial ownership limitation.

R. Kirk Huntsman, Chairman and Chief Executive Officer of Vivos, stated that the company is pleased to receive the compliance letter and continues executing its strategy to maintain compliance and grow its business. The Nasdaq Staff's determination was based on the Company's Current Report on Form 8-K filed on October 19, 2026. The Staff noted that the transaction with SOD was expected to increase stockholders' equity by more than $10 million, subject to final purchase price accounting and review by the company's independent registered public accounting firm.

The compliance letter includes a caveat that if Vivos fails to demonstrate compliance upon the filing of its next periodic report, it may be subject to delisting. In such an event, the Staff would provide written notification, and the company would have the option to appeal the determination to a Nasdaq Hearings Panel. Vivos Therapeutics is a medical device and healthcare services company focused on developing diagnostic and treatment methods for patients with obstructive sleep apnea and other breathing-related conditions. Its devices have received clearance from the U.S. Food and Drug Administration for adult patients with all severity levels of obstructive sleep apnea and for children ages 6 to 17 with moderate-to-severe cases.