Form 8-K

8-K — Vivos Therapeutics, Inc.

Accession: 0001493152-26-030190

Filed: 2026-06-25

Period: 2026-06-25

CIK: 0001716166

SIC: 3841 (SURGICAL & MEDICAL INSTRUMENTS & APPARATUS)

Item: Entry into a Material Definitive Agreement

Item: Regulation FD Disclosure

Item: Financial Statements and Exhibits

Documents

8-K — form8-k.htm (Primary)

EX-10.2 (ex10-2.htm)

EX-99.1 (ex99-1.htm)

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8-K

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UNITED

STATES

SECURITIES

AND EXCHANGE COMMISSION

Washington,

D.C. 20549

FORM

8-K

CURRENT

REPORT

Pursuant

to Section 13 OR 15(d) of the

Securities

Exchange Act of 1934

Date

of Report (Date of earliest event reported): June 25, 2026 (June 18, 2026)

Vivos

Therapeutics, Inc.

(Exact

name of registrant as specified in its charter)

Delaware

001-39796

81-3224056

(State

or other jurisdiction

(Commission

(I.R.S.

Employer

incorporation)

File

Number)

Identification

No.)

7921

Southpark Plaza, Suite 210

Littleton,

Colorado 80120

(Address

of principal executive offices) (Zip Code)

(866)

908-4867

(Registrant’s

telephone number, including area code)

N/A

(Former

name or former address, if changed since last report)

Check

the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under

any of the following provisions:

☐

Written

communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

☐

Soliciting

material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

☐

Pre-commencement

communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

☐

Pre-commencement

communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities

registered pursuant to Section 12(b) of the Act:

Title

of each class

Trading

Symbol(s)

Name

of each exchange on which registered

Common

Stock, par value $0.0001 per share

VVOS

The

NASDAQ Stock Market LLC

Indicate

by check mark whether the registrant is an emerging growth company as defined in as defined in Rule 405 of the Securities Act of 1933

(§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging

growth company ☐

an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying

with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

Item

1.01 Entry into a Material Definitive Agreement.

previously announced, Vivos Therapeutics, Inc. (the “Company”) entered into an Exchange Agreement (the “Exchange Agreement”)

with Streeterville Capital, LLC, a Utah limited liability company (“Streeterville”), on June 5, 2026. Pursuant to the Exchange

Agreement, Streeterville agreed to exchange a portion of the outstanding indebtedness owed by the Company for shares of the Company’s

preferred stock and common stock.

June 18, 2026, the Company entered into a letter agreement with Streeterville amending the Exchange Agreement (the “Letter Agreement”),

to extend the outside date by which the Company must complete a qualifying financing of at least $2,600,000 from June 15, 2026, to August

31, 2026.

The

foregoing description of the Exchange Agreement or the Letter Agreement does not purport to be complete and is qualified in its entirety

by reference to the full text of such agreements, a copy of which is filed as Exhibits 10.1 and 10.2 hereto and incorporated herein by

reference.

Item

7.01 Regulation FD Disclosure.

June 22, 2026, the Company issued a press release announcing the Letter Agreement described in Item 1.01 above. A

copy of the press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K.

The

information furnished pursuant to this Item 7.01, including Exhibit 99.1, shall not be deemed “filed” for purposes of Section

18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that

section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange

Act, except as expressly set forth by specific reference in such a filing.

Item

9.01 Financial Statements and Exhibits.

(d)

Exhibits.

Exhibit

No.

Description

10.1

Exchange Agreement dated as of June 5, 2026, between Vivos Therapeutics, Inc. and Streeterville Capital, LLC (incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K filed June 8, 2026).

10.2*

Letter Agreement dated as of June 18, 2026, between Vivos Therapeutics, Inc. and Streeterville Capital, LLC.

99.1*

Press Release, dated June 22, 2026.

104

Cover

Page Interactive Data File (embedded within the Inline XBRL document).

Filed herewith

SIGNATURE

Pursuant

to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by

the undersigned hereunto duly authorized.

VIVOS

THERAPEUTICS, INC.

Dated:

June 25, 2026

By:

/s/

R. Kirk Huntsman

Name:

Kirk Huntsman

Title:

Chief

Executive Officer

EX-10.2

Filename: ex10-2.htm · Sequence: 2

Exhibit

10.2

STREETERVILLE

CAPITAL, LLC

June

18, 2026

Vivos

Therapeutics, Inc.

Attn: R. Kirk Huntsman

Re:

Extension of Outside Date

Dear

Kirk:

This

letter agreement (this “Letter Agreement”) is entered into by and between Streeterville Capital, LLC, a Utah limited

liability company (“Investor”), and Vivos Therapeutics, Inc., a Delaware corporation (“Company”),

in connection with (i) that certain Amendment to Secured Promissory Note dated June 5, 2026 between Company and Investor (the “Note

Amendment”), and (ii) that certain Exchange Agreement dated June 5, 2026 between Company and Investor (the “Exchange

Agreement”). Each of the Note Amendment and the Exchange Agreement conditions certain matters on Company completing a financing

in which it receives gross proceeds of at least $2,600,000.00 (the “Financing”) on or before June 15, 2026 (in each

such agreement, the “Outside Date”). The Financing was not completed on or before the Outside Date, and Company has

requested that Investor extend the Outside Date, which Investor has agreed to do as a one-time accommodation and without waiver of any

rights or remedies Investor may have. Accordingly, Investor and Company hereby agree as follows:

1. Acknowledgment

of Non-Satisfaction of Condition; Reinstatement. Company acknowledges and agrees that the Financing was not completed on or before

the original Outside Date of June 15, 2026, and that, as a result and in accordance with the terms of each agreement, (i) the amendments

set forth in the Note Amendment are of no force or effect and no amendment, waiver, modification or other change to the Note has been

deemed to occur, with the Note remaining in full force and effect in accordance with its existing terms, and (ii) the Exchange Agreement

automatically terminated and is deemed void ab initio. Company acknowledges and agrees that, by extending the Outside Date as set forth

herein, Investor is, as a one-time accommodation, reinstating each of the Note Amendment and the Exchange Agreement, effective as if

the Outside Date had been August 31, 2026 from inception. Company further acknowledges and agrees that such accommodation does not constitute

a waiver of, and is without prejudice to, any rights, powers or remedies Investor may have under the Note, the Note Amendment, the Exchange

Agreement, or applicable law, all of which are expressly reserved.

2. Extension

of Outside Date. Investor and Company hereby agree that the defined term “Outside Date,” as defined and used in each

of the Note Amendment and the Exchange Agreement, is hereby amended and extended from June 15, 2026 to August 31, 2026. Time is of the

essence with respect to the Outside Date as so extended, and this extension shall not create any expectation of, or entitlement to, any

further extension. Accordingly, each reference to the “Outside Date” in the Note Amendment and the Exchange Agreement shall

be deemed to mean and refer to August 31, 2026.

3. Conflict.

In the event of a conflict between the terms and conditions contained in this Letter Agreement and those contained in the Note Amendment,

the Exchange Agreement or any other related agreement or document, the terms and conditions contained herein shall control.

4. Governing

Law; Arbitration Provisions. The internal laws of the State of Utah (irrespective of its conflict of law principles) will govern

the validity of this Letter Agreement, the construction of its terms, and the interpretation and enforcement of the rights and duties

of the parties hereto. This Letter Agreement will be subject to the same Arbitration Provisions to which the Exchange Agreement is subject.

5. Assignment;

Binding upon Successors and Assigns. Company may not assign any of its rights or obligations hereunder without the prior written

consent of Investor. This Letter Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors

and permitted assigns.

6. Attorneys’

Fees. Should suit be brought to enforce or interpret any part of this Letter Agreement, the prevailing party will be entitled to

recover, as an element of the costs of suit and not as damages, reasonable attorneys’ fees to be fixed by the court (including

without limitation, costs, expenses and fees on any appeal).

7. Amendment

and Waivers. Any term or provision of this Letter Agreement may be amended and the observance of any term of this Letter Agreement

may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the

parties hereto. The waiver by either party of any breach hereof or default in the performance hereof will not be deemed to constitute

a waiver of any other default or any succeeding breach or default.

8. Entire

Agreement. This Letter Agreement contains the entire understanding between the parties hereto with respect to the subject matter

hereof and supersedes any prior understandings, agreements or representations, written or oral, relating to the subject matter hereof;

provided, however, that except as expressly modified hereby, nothing herein shall be deemed to supersede or modify any of the terms or

conditions of the Note Amendment or the Exchange Agreement, each of which shall remain in full force and effect.

9. Counterparts.

This Letter Agreement may be executed in two or more counterparts, each of which when executed and delivered shall be deemed an original

and all of which, taken together, shall constitute the same agreement. This Letter Agreement may be executed by electronic signature,

which shall be considered legally binding for all purposes.

10. Further

Assurances. Each party to this Letter Agreement agrees to perform any further acts and execute and deliver any documents that may

be reasonably necessary to carry out the provisions of this Letter Agreement.

11. Waiver

of Jury Trial. EACH PARTY TO THIS LETTER AGREEMENT IRREVOCABLY WAIVES ANY AND ALL RIGHTS SUCH PARTY MAY HAVE TO DEMAND THAT ANY

ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR IN ANY WAY RELATED TO THIS LETTER AGREEMENT, THE NOTE AMENDMENT, THE

EXCHANGE AGREEMENT, OR THE RELATIONSHIPS OF THE PARTIES HERETO BE TRIED BY JURY.

[Remainder

of page intentionally left blank; signature page to follow]

WITNESS WHEREOF, Investor and Company have duly executed and delivered this Letter Agreement to be effective as of the date first set

forth above.

INVESTOR:

STREETERVILLE

CAPITAL, LLC

By: /s/

John Fife

John

Fife, President

ACCEPTED

AND AGREED:

COMPANY:

VIVOS

THERAPEUTICS, INC.

By:

/s/ R. Kirk Huntsman

R. Kirk Huntsman, Chief Executive Officer

[Signature

Page to Letter Agreement]

EX-99.1

Filename: ex99-1.htm · Sequence: 3

Exhibit

99.1

Vivos

Therapeutics and Streeterville Extend Timeframe of Strategic Financing Agreement and Reaffirm Commitment to Convert Debt Into Common

Stock and Perpetual Preferred Equity

LITTLETON,

Colo., June 22, 2026 — Vivos Therapeutics, Inc. (“Vivos” or the “Company”) (NASDAQ: VVOS), a leading

medical device and healthcare services company focused on the treatment of breathing-related sleep disorders and associated chronic health

conditions, including mild-to-severe obstructive sleep apnea (“OSA”), today announced that it has entered into an extension

of its previously announced strategic financing agreement with Streeterville Capital, LLC (“Streeterville”).

Under

the extended agreement, Streeterville has extended the timeframe of the arrangement through August 31, 2026 and reaffirmed its commitment

to convert up to $4.5 million of its outstanding debt into a combination of perpetual, non-convertible preferred stock and shares of

common stock of the Company.. The extension follows the Company’s determination that the original agreement provided too short

a timeframe for Vivos to complete its capital-raising requirements.

Why

the Agreement Was Extended

The

original agreement, announced earlier this month, committed Streeterville to converting its debt into equity on a dollar-for-dollar basis

with equity raised by the Company. The Company determined that the original timeframe of June 15 was too short to complete its planned

equity raise in an organized manner. The extension to August 31, 2026 provides additional time while Streeterville reaffirms its commitment

to convert, with the conversion structured entirely into a combination of perpetual, non-convertible preferred stock and shares of common

stock.

Key

Terms of the Extension

● Streeterville

has extended the timeframe of the strategic financing agreement until August 31, 2026.

● Streeterville

reaffirmed its commitment to convert up to $4.5 million of its debt into a combination of

perpetual, non-convertible preferred stock and shares of common stock of the Company .

● The

conversion occurs once the Company raises $2.6 million and will continue up to a maximum

of $4.5 million.

● The

extended timeframe is intended to allow the Company to raise the needed equity in an organized

fashion and to permit the previously announced rights offering to commence during that period.

● The

structure supports the Company’s plan to strengthen its stockholders’ equity

and maintain compliance with the continued listing standards of The Nasdaq Stock Market.

Management

Commentary

“We

are grateful to Streeterville for their cooperation in agreeing to extend,” said R. Kirk Huntsman, Chairman and Chief Executive

Officer of Vivos Therapeutics. “The extra time will allow the Company to raise the needed equity in an organized fashion and to

allow the announced rights offering to start during that timeframe. We believe the Company has successfully pivoted over to its new strategic

business model and is performing well on the new strategy. The spirit of cooperation and support from Streeterville has been particularly

helpful. “

About

Vivos Therapeutics, Inc.

Vivos

Therapeutics, Inc. (NASDAQ: VVOS) is a medical technology and healthcare services company focused on developing and commercializing

innovative diagnostic and treatment methods for patients suffering from breathing and sleep issues arising from certain dentofacial abnormalities

such as obstructive sleep apnea (OSA) and snoring in adults. Vivos’ devices have been cleared by the U.S. Food and Drug Administration

(FDA) for adult patients diagnosed with all severity levels of OSA and moderate-to-severe OSA in children ages 6 to 17. Vivos’

groundbreaking Complete Airway Repositioning and Expansion (CARE) devices are the only FDA 510(k) cleared technology for treating

severe OSA in adults and the first to receive clearance for treating moderate to severe OSA in children.

OSA

affects nearly 1 Billion adults aged 30-69 years old worldwide, yet 80% or more remain undiagnosed and unaware of their condition. This

chronic disorder is not just a sleep issue—it is closely linked to many serious chronic health conditions. While the medical community

has made strides in treating sleep disorders, breathing and sleep health remain areas that are still not fully understood. As a result,

legacy OSA treatments like CPAP are often mechanistic and fail to address the root causes of OSA.

Founded

in 2016 and based in Littleton, Colorado, Vivos is working to change this. Through innovative technology, education, and acquisitions

of, or commercial collaborations with, sleep healthcare providers, Vivos is empowering healthcare providers to address the complex needs

of OSA patients more thoroughly.

Vivos

calls the use of its appliances and protocols to treat OSA The Vivos Method, which offers a proprietary, clinically effective

solution that is nonsurgical, noninvasive, and nonpharmaceutical, providing hope to allow patients to Breathe New Life.

For

more information, visit www.vivos.com.

Cautionary

Note Regarding Forward-Looking Statements

This

press release, and statements of the Company’s management and third parties (including Seneca) made in connection therewith contain

“forward-looking statements” (as defined in Section 27A of the Securities Act of 1933, as amended, and Section 21E of the

Securities Exchange Act of 1934, as amended) concerning future events. Words such as “may”, “should”, “expects”,

“projects,” “intends”, “plans”, “believes”, “anticipates”, “hopes”,

“estimates”, “aim,” “goal” and derivations of such words and similar expressions about the future

are intended to identify forward-looking statements. These statements involve significant known and unknown risks and are based upon

several assumptions and estimates, which are inherently subject to significant uncertainties and contingencies, many of which are beyond

Vivos’ control. Actual results (including the actual benefits of the debt restructuring, potential equity raise, the timing of

the equity raise and debt restructuring, the Company’s new model described herein and actual revenue and cash flow results) may

differ materially and adversely from those expressed or implied by such forward-looking statements. Factors that could cause actual results

to differ materially include, but are not limited to: (i) the risk that Vivos may be unable to raise the required new equity timely or

in sufficient amounts, which would cause the commitment debt-to-equity exchange to become null and void; (ii) the risk that Vivos may

be unable benefit fully or at all from the transactions discussed herein, even if they are consummated, (iii) the risk that Vivos may

be unable to implement revenue, sales and marketing strategies and other strategies that increase revenues, (iv) the risk that some patients

may not achieve the desired results from using Vivos products, (v) risks associated with regulatory scrutiny of and adverse publicity

in the sleep apnea treatment sector; (vi) the risk that Vivos may be unable to secure additional financings on reasonable terms when

needed, if at all, or maintain its Nasdaq listing due to, among other things, a deficiency in its stockholders’ equity; (vii) market

and other conditions, and (viii) other risk factors described in Vivos’ filings with the SEC. Vivos’ filings can be obtained

free of charge at https://vivos.com/investors/sec-filings/. Except to the extent required by law, Vivos expressly disclaims any obligations

or undertaking to release publicly any updates or revisions to any forward-looking statements contained herein to reflect any change

in Vivos’ expectations with respect thereto or any change in events, conditions, or circumstances on which any statement is based.

Investor

and Media Inquiries

Kirk Huntsman

Chief

Executive Officer, Vivos Therapeutics, Inc.

Email:

investors@vivoslife.com

Phone:

(720) 399-9322

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