For the Transition Period from to Commission File Number: 001-39796 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Fiscal Year Ended December 31, 2021 ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Vivos Therapeutics, Inc. (Exact Name of Registrant as Specified in its Charter) | Delaware | 81-3224056 | | --- | --- | | (State ...

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2021 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-39796 Vivos Therapeutics, Inc. (Exact name of registrant as specified in its charter) Delaware 81-3224056 (State or other j ...

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2021 OR ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-39796 Vivos Therapeutics, Inc. (Exact name of registrant as specified in its charter) Delaware 81-3224056 (State or other jurisd ...

Vivos Therapeutics, Inc. (NASDAQ:VVOS) Q1 2021 Earnings Conference Call May 17, 2021 5:00 PM ET Company Participants Edward Loew - IR Kirk Huntsman - CEO Brad Amman - CFO Conference Call Participants Alex Nowak - Craig-Hallum Capital Scott Henry - ROTH Capital Operator Good afternoon, and welcome to the Vivos Therapeutics, Inc. Second (sic) [First] Quarter 2021 Earnings Conference Call. [Operator Instructions] Please note, this event is being recorded. I would now like to turn the conference over to Edward ...

[Cautionary Note Regarding Forward-Looking Statements](index=4&type=section&id=Cautionary%20Note%20Regarding%20Forward-Looking%20Statements) [Cautionary Note Regarding Forward-Looking Statements](index=4&type=section&id=Cautionary%20Note%20Regarding%20Forward-Looking%20Statements) The report's forward-looking statements are subject to risks and uncertainties, with actual results potentially differing materially from expectations - The report's forward-looking statements are qualified by cautionary statements and involve known and unknown risks, which could cause actual results to differ materially from expectations[9](index=9&type=chunk)[11](index=11&type=chunk) - Key areas covered by forward-looking statements include: * Implementation of the business plan, including recruitment for the Vivos Integrated Practice (VIP) program * Adoption and effectiveness of the Vivos System for treating mild-to-moderate obstructive sleep apnea * Ability to drive revenue growth through sales, marketing, and strategic initiatives * Compliance with government regulations, including those from the U.S. Food and Drug Administration * Ability to generate cash flow, maintain profitability, and continue as a going concern[13](index=13&type=chunk) [PART I. FINANCIAL INFORMATION](index=6&type=section&id=PART%20I.%20FINANCIAL%20INFORMATION) [Condensed Consolidated Financial Statements (Unaudited)](index=6&type=section&id=Item%201.%20Condensed%20Consolidated%20Financial%20Statements%20(Unaudited)) This section presents Vivos Therapeutics' unaudited condensed consolidated financial statements for the three months ended March 31, 2021 and 2020 [Condensed Consolidated Balance Sheets](index=6&type=section&id=Condensed%20Consolidated%20Balance%20Sheets) Total assets decreased from **$25.3 million** to **$22.0 million**, and total liabilities decreased from **$8.4 million** to **$7.6 million**, impacting stockholders' equity Condensed Consolidated Balance Sheet Highlights (Unaudited) | Account | March 31, 2021 ($) | December 31, 2020 ($) | | :--- | :--- | :--- | | **Total Current Assets** | $16,735,185 | $20,394,315 | | **Total Assets** | $21,953,902 | $25,327,469 | | **Total Current Liabilities** | $7,295,471 | $7,823,049 | | **Total Liabilities** | $7,613,453 | $8,410,110 | | **Total Stockholders' Equity** | $14,340,449 | $16,917,359 | [Condensed Consolidated Statements of Operations](index=7&type=section&id=Condensed%20Consolidated%20Statements%20of%20Operations) Total revenue increased to **$3.45 million**, but the operating loss widened to **$3.41 million**, leading to a higher net loss of **$3.40 million** due to increased expenses Condensed Consolidated Statement of Operations (Unaudited, for the three months ended March 31) | Metric | 2021 ($) | 2020 ($) | | :--- | :--- | :--- | | **Total Revenue** | $3,447,881 | $3,196,507 | | **Gross Profit** | $2,689,885 | $2,416,051 | | **Operating Loss** | ($3,406,905) | ($2,557,724) | | **Net Loss Attributable to Common Stockholders** | ($3,399,242) | ($2,830,567) | | **Net Loss Per Share (basic and diluted)** | ($0.19) | ($0.23) | [Condensed Consolidated Statements of Cash Flows](index=9&type=section&id=Condensed%20Consolidated%20Statements%20of%20Cash%20Flows) Net cash used in operating activities significantly increased to **$3.86 million**, resulting in a **$4.15 million** net decrease in cash and an ending balance of **$14.06 million** Consolidated Statement of Cash Flows Highlights (Unaudited, for the three months ended March 31) | Cash Flow Activity | 2021 ($) | 2020 ($) | | :--- | :--- | :--- | | **Net Cash Used in Operating Activities** | ($3,860,937) | ($436,910) | | **Net Cash Used in Investing Activities** | ($261,703) | ($5,204) | | **Net Cash Provided by (Used in) Financing Activities** | ($25,000) | $79,515 | | **Net Decrease in Cash** | ($4,147,640) | ($362,599) | | **Cash and cash equivalents, end of period** | $14,058,028 | $106,754 | [Notes to Consolidated Financial Statements](index=10&type=section&id=Notes%20to%20Consolidated%20Financial%20Statements) This section details accounting policies, business operations, and financial components, including revenue recognition, debt, equity transactions, and subsequent events - The company's business model focuses on training dentists through its Vivos Integrated Practice ("VIP") program to use its patented Vivos System for treating sleep-disordered breathing[29](index=29&type=chunk) - In December 2020, the company completed its IPO, raising net proceeds of approximately **$21.6 million**[37](index=37&type=chunk) - The company received a PPP loan of approximately **$1.265 million** in May 2020 and submitted a forgiveness application in January 2021, though forgiveness is not guaranteed[38](index=38&type=chunk)[39](index=39&type=chunk) - Subsequent to the quarter end, the company completed a follow-on public offering on May 11, 2021, raising net proceeds of approximately **$25.2 million**[129](index=129&type=chunk) - In April 2021, the company acquired medical billing and practice management software assets from Lyon Management and Consulting, LLC for **$225,000** cash and a warrant to purchase **25,000 shares**[128](index=128&type=chunk) [Management's Discussion and Analysis of Financial Condition and Results of Operations](index=31&type=section&id=Item%202.%20Management's%20Discussion%20and%20Analysis%20of%20Financial%20Condition%20and%20Results%20of%20Operations) Management discusses Q1 2021 financial results, noting an **8% revenue increase** and a widening net loss due to higher operating expenses, with liquidity strengthened by recent offerings [Results of Operations](index=32&type=section&id=Results%20of%20Operations) Total revenue grew **8%** to **$3.4 million**, driven by service revenue, but operating expenses increased by **$1.1 million**, resulting in a **$3.4 million** operating loss Results of Operations Comparison (Three Months Ended March 31) | Metric | 2021 ($) | 2020 ($) | Increase (Decrease) ($) | | :--- | :--- | :--- | :--- | | **Total Revenue** | $3,447,881 | $3,196,507 | $251,374 | | **Gross Profit** | $2,689,885 | $2,416,051 | $273,834 | | **Gross Profit %** | 78% | 76% | 2pp | | **Operating Loss** | ($3,406,905) | ($2,557,724) | ($849,181) | | **Net Loss** | ($3,399,242) | ($2,580,567) | ($818,675) | - Revenue growth was driven by an increase in VIP enrollments (**53** in Q1 2021 vs. **32** in Q1 2020) and higher Billing Intelligence Service (BIS) revenues[139](index=139&type=chunk) - General and administrative expenses increased by **$0.8 million** due to a significant increase in personnel, from approximately **70 employees** at March 31, 2020, to over **110** at March 31, 2021[141](index=141&type=chunk) [Liquidity and Capital Resources](index=34&type=section&id=Liquidity%20and%20Capital%20Resources) Cash and cash equivalents reached **$14.1 million** by March 31, 2021, further bolstered by a **$25.2 million** May 2021 offering, providing liquidity for at least **24 months** - Cash and cash equivalents stood at **$14.1 million** as of March 31, 2021, primarily due to the December 2020 IPO[145](index=145&type=chunk) - A follow-on public offering in May 2021 raised an additional **$25.2 million** in net proceeds, significantly enhancing the company's capital resources[146](index=146&type=chunk) - Net cash used in operations increased to **$3.9 million** in Q1 2021 from **$0.4 million** in Q1 2020, driven by a higher net loss and a **$2.1 million** increase in cash used to pay down accounts payable[148](index=148&type=chunk) [Quantitative and Qualitative Disclosures About Market Risk](index=36&type=section&id=Item%203.%20Quantitative%20and%20Qualitative%20Disclosures%20About%20Market%20Risk) This section is not applicable as Vivos Therapeutics, Inc. qualifies as a smaller reporting company - Disclosure about market risk is not required for smaller reporting companies[156](index=156&type=chunk) [Controls and Procedures](index=36&type=section&id=Item%204.%20Controls%20and%20Procedures) Management concluded disclosure controls and procedures were ineffective as of March 31, 2021, due to a material weakness, with remediation efforts underway - The CEO and CFO concluded that disclosure controls and procedures were not effective due to a previously identified material weakness in internal control over financial reporting[157](index=157&type=chunk) - The company is implementing a remediation plan, which includes hiring an Assistant Controller in Q1 2021 to strengthen the accounting team and improve internal controls[158](index=158&type=chunk)[159](index=159&type=chunk) [PART II. OTHER INFORMATION](index=37&type=section&id=PART%20II.%20OTHER%20INFORMATION) [Legal Proceedings](index=37&type=section&id=Item%201.%20Legal%20Proceedings) The company is involved in ongoing litigation with Ortho-Tain, Inc. regarding false statements and business interference, with Vivos believing claims against it lack merit - The company is engaged in legal disputes with Ortho-Tain, Inc., with both parties having filed lawsuits against each other concerning false advertising and business interference[164](index=164&type=chunk)[165](index=165&type=chunk) - Vivos believes the allegations made by Ortho-Tain lack merit and is defending against them vigorously[165](index=165&type=chunk) [Risk Factors](index=37&type=section&id=Item%201A.%20Risk%20Factors) This section is not applicable as Vivos Therapeutics, Inc. qualifies as a smaller reporting company - Disclosure of risk factors is not required for smaller reporting companies in a Form 10-Q[167](index=167&type=chunk) [Unregistered Sales of Equity Securities and Use of Proceeds](index=37&type=section&id=Item%202.%20Unregistered%20Sales%20of%20Equity%20Securities%20and%20Use%20of%20Proceeds) No unregistered sales of equity securities were reported during the period - None reported for the period[168](index=168&type=chunk) [Exhibits, Financial Statement Schedules](index=39&type=section&id=Item%206.%20Exhibits%2C%20Financial%20Statement%20Schedules) This section lists exhibits filed with the Form 10-Q, including corporate governance documents and officer certifications - The report includes standard exhibits such as corporate governance documents and officer certifications (31.1, 31.2, 32.1, 32.2)[175](index=175&type=chunk)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) 9137 Ridgeline Boulevard, Suite 135 Highlands Ranch, CO 80129 (Address of principal executive offices) (Zip Code) [X] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2020 OR [ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-39796 Vivos Th ...