STOCK TITAN

[10-Q] RYVYL Inc. Quarterly Earnings Report

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(Moderate)
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Form Type
10-Q

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

 

FORM 10-Q

 

 

 

(MARK ONE)

QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

For the quarterly period ended March 31, 2026

 

OR

 

TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT

 

For the transition period from                             to                          

 

Commission file number: 001-34294

 

RTB DIGITAL, INC.

(Exact name of small business issuer as specified in its charter)

 

Nevada   22-3962936
(State or other jurisdiction of
incorporation or organization)
  (IRS Employer
Identification Number)

 

3111 Camino Del Rio North, Suite 400
San Diego, CA
  92108
(Address of principal executive offices)   (Zip Code)

 

(855) 201-1613

(Registrant’s telephone number, including area code)

 

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, $0.001 par value per share   RTB   The Nasdaq Stock Market LLC
(Nasdaq Capital Market)

 

Indicate by check mark whether the issuer (1) filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act during the past 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes ☒ No ☐

 

Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit such files). Yes ☒ No ☐

 

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, a smaller reporting company, or an emerging growth company. See the definitions of “large accelerated filer,” “accelerated filer,” “smaller reporting company,” and “emerging growth company” in Rule 12b-2 of the Exchange Act.

 

Large accelerated filer Accelerated filer
Non-accelerated filer Smaller reporting company
    Emerging growth company

 

If 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. ☐

 

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes ☐ No 

 

As of May 12, 2026, the Registrant had 1,281,009 shares of common stock, $0.001 par value per share, outstanding.

 

 

 

 

TABLE OF CONTENTS

 

    Page
PART I Consolidated Financial Information    
Item 1. Financial Statements   1
  Condensed Consolidated Balance Sheets as of March 31, 2026 (unaudited) and December 31, 2025   1
  Condensed Consolidated Statements of Operations and Comprehensive Income for the Three Months Ended March 31, 2026 (unaudited) and 2025 (unaudited)   2
  Condensed Consolidated Statements of Changes in Stockholders’ Equity for the Three Months Ended March 31, 2026 (unaudited) and 2025 (unaudited)   3
  Condensed Consolidated Statements of Cash Flows for the Three Months Ended March 31, 2026 (unaudited) and 2025 (unaudited)   4
  Notes to Unaudited Condensed Consolidated Financial Statements   5
Item 2. Management’s Discussion and Analysis of Financial Condition and Results of Operations   25
Item 3. Quantitative and Qualitative Disclosures About Market Risk   30
Item 4. Controls and Procedures   30
     
PART II Other Information    
Item 1. Legal Proceedings   31
Item 1.A Risk Factors   32
Item 2. Unregistered Sales of Equity Securities and Use of Proceeds   32
Item 3. Defaults Upon Senior Securities   33
Item 4. Mine Safety Disclosures   33
Item 5. Other Information   33
Item 6. Exhibits   33
Signatures   34

 

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PART I - FINANCIAL INFORMATION

 

ITEM 1. FINANCIAL STATEMENTS

 

RYVYL INC.

CONDENSED CONSOLIDATED BALANCE SHEETS

(In thousands, except share and per share data)

 

   March 31,
2026
   December 31,
2025
 
   (Unaudited)     
ASSETS        
Current Assets:        
Cash  $5,506   $7,425 
Restricted cash   253    7 
USDC   1,500    1,500 
Accounts receivable, net of allowance for credit losses of $13 and $34, respectively   922    1,114 
Prepaid and other current assets   1,072    1,091 
Total current assets   9,253    11,137 
Non-current Assets:          
Intangible assets, net   227    255 
Operating lease right-of-use assets, net   150    1,401 
Other assets   269    308 
Total non-current assets   646    1,964 
Total assets  $9,899   $13,101 
           
LIABILITIES AND STOCKHOLDERS’ EQUITY          
Current Liabilities:          
Accounts payable  $2,623   $2,237 
Accrued liabilities   5,470    6,634 
Payment processing liabilities, net   44    418 
Current portion of operating lease liabilities   754    705 
Other current liabilities   13    16 
Total current liabilities   8,904    10,010 
Long term debt, net of debt discount   611    613 
Operating lease liabilities, less current portion   1,356    1,810 
Total liabilities   10,871    12,433 
Commitments and contingencies (Note 14)          
           
Stockholders’ (Deficit) Equity:          
Convertible Preferred stock: $0.01 par value; 5,000,000 shares authorized
Preferred stock, Series C, par value $0.01, 4,930,000 shares authorized; 50,000 shares issued and outstanding at March 31, 2026 and December 31, 2025
   1    1 
Common stock, par value $0.001, 100,000,000 shares authorized; 1,277,676 and 1,037,458 shares issued and outstanding at March 31, 2026 and December 31, 2025, respectively   37    36 
Additional paid-in capital   199,208    197,564 
Accumulated deficit   (200,218)   (196,933)
Total stockholders’ (deficit) equity   (972)   668 
Total liabilities and stockholders’ (deficit) equity  $9,899   $13,101 

 

The accompanying notes are an integral part of these unaudited condensed consolidated financial statements.

 

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RYVYL INC.

CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS AND COMPREHENSIVE INCOME

(In thousands, except share and per share data)

(Unaudited)

 

   Three Months Ended
March 31,
 
   2026   2025 
Revenue  $2,535   $2,769 
Cost of revenue   1,414    1,400 
Gross profit   1,121    1,369 
           
Operating expenses:          
Research and development   75    448 
General and administrative   767    1,140 
Payroll and payroll taxes   784    2,623 
Professional fees   1,184    1,019 
Stock compensation expense   376    55 
Depreciation and amortization   33    82 
Impairment of ROU asset   932    - 
Restructuring charges   13    403 
Total operating expenses   4,164    5,770 
Loss from operations   (3,043)   (4,401)
           
Other income (expense):          
Interest expense   (6)   (1,229)
Legal settlements expense   (200)   - 
Accretion of debt discount   -    (128)
Other (expense) income, net   (32)   47 
Total other expense, net   (238)   (1,310)
           
Loss from continuing operations before income taxes   (3,281)   (5,711)
Provision for income taxes   4    141 
Net loss from continuing operations   (3,285)   (5,852)
Income from discontinued operations, net of tax   -    3,096 
Net loss  $(3,285)  $(2,756)
           
Comprehensive income statement:          
Net loss  $(3,285)  $(2,756)
Foreign currency translation adjustment   -    1,102 
Total comprehensive loss  $(3,285)  $(1,654)
           
Net loss per share:          
Basic and diluted  $(2.67)  $(11.67)
           
Weighted average number of common shares outstanding:          
Basic and diluted   1,232,452    236,150 

 

The accompanying notes are an integral part of these unaudited condensed consolidated financial statements.

 

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RYVYL INC.

CONDENSED CONSOLIDATED STATEMENTS OF CHANGES IN STOCKHOLDERS’ DEFICIT

(In thousands, except share data)

(Unaudited)

 

   Common Stock   Preferred Stock   Additional       Total 
   Shares   Amount   Series C
Shares
   Amount   Paid In
Capital
   Accumulated
Deficit
   Stockholders’
Deficit
 
Balance at December 31, 2025   1,037,458   $36    50,000   $1   $197,564   $(196,933)  $668 
                                    
Issuance of common stock under equity incentive plans   11,523    -    -    -    300    -    300 
                                    
Stock-based compensation   -    -    -    -    75    -    75 
                                    
Common stock issued in connection with legal settlements   154,196    1    -    -    875    -    876 
                                    
Common warrant exercises   74,800    -    -    -    394    -    394 
                                    
Shares cancelled in connection with the net settlement of vested stock awards   (478)   -    -    -    -    -    - 
                                    
Fractional shares adjustment due to reverse stock split   177    -    -    -    -    -    - 
                                    
Net loss and comprehensive loss   -    -    -    -    -    (3,285)   (3,285)
Balance at March 31, 2026   1,277,676   $37    50,000   $1   $199,208   $(200,218)  $(972)

 

    Common Stock     Preferred Stock     Additional     Other
Accumulated
          Total   
    Shares     Amount     Series B
Shares
    Amount     Paid In
Capital
    Comprehensive
Income
    Accumulated
Deficit
    Stockholders’
Deficit
 
Balance at December 31, 2024     229,495     $ 8       53,499     $ 1     $ 179,157     $ (1,251 )   $ (179,407 )   $ (1,492 )
                                                                 
Issuance of common stock under equity incentive plans     450       -       -       -       55       -       -       55  
                                                                 
Common stock issued for conversion of Preferred B stock     8,997       -       (400 )     -       -       -       -       -  
                                                                 
Preferred B stock repurchase     -       -       (53,099 )     (1 )     1       -       -       -  
                                                                 
Capital contributions     -       -       -               9       -       -       9  
                                                                 
Net loss and comprehensive loss     -       -       -               -       1,102       (2,756 )     (1,654 )
Balance at March 31, 2025     238,942     $     8       -             -     $ 179,222     $ (149 )   $ (182,163 )   $ (3,082 )

 

The accompanying notes are an integral part of these unaudited condensed consolidated financial statements.

 

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RYVYL INC.

CONDENSED CONSOLIDATED STATEMENT OF CASH FLOWS

(In thousands)

(Unaudited)

 

   Three Months Ended
March 31,
 
   2026   2025 
Cash flows from operating activities:        
Net loss  $(3,285)  $(2,756)
Adjustments to reconcile net loss to net cash provided by operating activities:          
Depreciation and amortization expense   33    133 
Noncash lease expense   (86)   106 
Stock compensation expense   376    55 
Common stock issued in connection with legal settlements   175    - 
Impairment of ROU asset   932    - 
Loss on disposal of property and equipment   34    - 
Restructuring charges   13    403 
Accretion of debt discount   -    128 
Changes in operating assets and liabilities:          
Accounts receivable, net   192    118 
Prepaid and other current assets   19    802 
Cash due from gateways, net   -    89 
Other assets   (1)   (100)
Accounts payable   386    730 
Accrued and other current liabilities   (479)   (576)
Payment processing liabilities, net   (374)   (14,713)
Net cash used in operating activities   (2,065)   (15,581)
Cash flows from investing activities:          
Purchases of property and equipment   -    (8)
Capitalized software development costs   -    (1,116)
Purchases of intangible assets   -    (145)
Net cash used in investing activities   -    (1,269)
Cash flows from financing activities:          
Repayments on convertible debt   -    (13,000)
Repayments on long-term debt   (3)   (2)
Proceeds from short-term note payable   -    15,000 
Proceeds from common warrant exercises   394    - 
Net cash provided by financing activities   391    1,998 
           
Effect of exchange rate changes on cash and restricted cash   -    312 
           
Net decrease in cash and restricted cash   (1,674)   (14,540)
Cash and restricted cash – beginning of period   7,432    92,030 
Cash and restricted cash – end of period  $5,758   $77,490 
           
Supplemental cash flow disclosures          
Cash paid during the period for:          
Interest  $-   $380 
Income taxes  $-   $498 
           
Non-cash financing and investing activities:          
Interest accrual from note payable  $-   $1,117 

 

The accompanying notes are an integral part of these unaudited condensed consolidated financial statements.

 

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RYVYL, INC.

NOTES TO UNAUDITED CONDENSED CONSOLIDATED FINANCIAL STATEMENTS

 

1. Description of the Business and Basis of Presentation

 

Organization

 

Ryvyl is a financial technology company that provides global payment acceptance and disbursement solutions. Ryvyl enables merchants to accept credit card payments through arrangements with third-party acquiring banks and payment processors. Credit card payment processing services represent the substantial majority of Ryvyl’s revenues.

 

Through our Bank Identification Number (“BIN”) sponsorship arrangement, Ryvyl enables businesses to process credit card transactions, providing direct access to global card networks without the need for a traditional banking license. Although Ryvyl is not itself a payment processor, it serves as an intermediary - similar in certain respects to an independent sales organization (“ISO”) - connecting merchants with acquiring partners. However, in contrast to traditional ISOs, Ryvyl performs a broader set of functions that are typically carried out by processors, including:

 

  applications processing and merchant underwriting;

 

  merchant onboarding and account configuration;

 

  ongoing risk monitoring and transaction-level oversight; and

 

  customer service and merchant support.

 

In addition, Ryvyl also facilitates equipment servicing or replacement, security verifications, and handles customer support inquiries. Performing these activities enables Ryvyl to maintain direct control over the merchant experience and support processes. Ryvyl focuses on merchants operating in underserved and, in some cases, higher risk industry verticals, where Ryvyl believes that its operating structure and risk-management capabilities allow it to support customer segments that many acquiring banks and processors may not be able to serve directly.

 

Through the fourth quarter of 2025, the Company also offered disbursement services through its internally developed disbursements platform, NEMS Core. NEMS Core was a complementary product to our acquiring services and allowed customers to initiate, validate, route, and settle disbursements through an automated, modular workflow. Effective the first quarter of 2026, the Company no longer offers these services. Revenues previously generated through the NEMS Core platform were not significant to the consolidated revenues of the Company.

 

Prior to the sale of the Company’s subsidiary, Ryvyl (EU) EAD (“Ryvyl EU”), which was effective June 1, 2025, the Company operated through two distinct business segments designed to meet the diverse and evolving needs of global markets. As a result of the sale of Ryvyl EU, our operations are now solely conducted in North America.

 

Reverse Stock Split

 

Effective January 2, 2026, the Company effected a reverse split of its Common Stock, where every 35 shares of the Company’s pre-reverse split outstanding common stock were combined and reclassified into one share of common stock. Proportionate voting rights and other rights of common stockholders were not affected by the reverse stock split. Fractional shares of common stock resulting from the reverse stock split were rounded up to the nearest whole share on a broker basis. All stock options outstanding and common stock reserved for issuance under the Company’s equity incentive plan outstanding immediately prior to the reverse stock split were adjusted by dividing the number of affected shares of common stock by 35 and, as applicable, multiplying the exercise price by 35. All share numbers, share prices, exercise prices, and per share amounts in this Quarterly Report on Form 10-Q (“Report”) and the Annual Report on Form 10-K for the year ended December 31, 2025, previously filed, have been adjusted, on a retroactive basis to reflect the 1-for-35 Reverse Stock Split.

 

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2. Summary of Significant Accounting Policies

 

Going Concern

 

In February 2024, the Company stopped processing credit card payments on its QuickCard platform because our processing partner’s bank informed them that they no longer wished to process payments for cannabis merchants. QuickCard was our first-generation product and was designed to address the needs of previously all-cash businesses. During the third quarter of 2024, the Company began to offer a license of the QuickCard platform, which it believed would enable it to once again serve the customer base it had lost following the discontinuation of the original QuickCard offering. However, between the remainder of 2024 and all of 2025, the Company was unable find a suitable licensing partner and, as such, it is no longer actively seeking to license the QuickCard product. As a result, the Company no longer anticipates being able to recover the loss of revenues that resulted from the discontinuation of its QuickCard product.

 

The loss of revenues resulting from the discontinuation of QuickCard has adversely impacted the Company’s liquidity. Through the first quarter of 2025, the Company relied on the repatriation of profits from its European subsidiaries to cover some of its critical operating expenses, which it is no longer able to do following the sale of Ryvyl EU, effective June 1, 2025. In addition, the Company’s remaining businesses continue to generate operating losses, which is expected to continue to occur for at least the next 12 months from the date of this Report.

 

Due to these developments, management has determined that its cash balance as of March 31, 2026, will not be sufficient to fund the Company’s operations and capital needs for the next 12 months from the date of this Report. These conditions raise substantial doubt about the Company’s ability to continue as a going concern. The Company’s ability to continue as a going concern is contingent upon the successful execution of management’s intended plan over the next twelve months to improve its liquidity position, which include, without limitation:

 

  raising additional capital through a variety of means, including private and public equity offerings and debt financings. The Company recently executed multiple successful capital raises in July 2025, October 2025, and December 2025, and continues to be actively engaged in discussions with multiple parties for additional funding opportunities;
     
  exploring strategic initiatives, including M&A opportunities, which on September 28, 2025, resulted in the Company, Ryvyl Merger Sub Inc., and RTB Digital, Inc., a Delaware corporation (“RTB”), entering into an Agreement and Plan of Merger pursuant to which Merger Sub merged with and into RTB (the “Merger”), effective May 12, 2026, with RTB surviving the Merger as a wholly-owned subsidiary of the Company;
     
  continued execution of its accelerated business development efforts to drive volumes in diversified business verticals with the Company’s other products; and
     
  continued implementation of cost control measures to more effectively manage spending and further right-sizing the organization, where appropriate;

 

Management has assessed that its intended plan described above, if successfully implemented, is appropriate and sufficient to address its liquidity shortfall and to provide funds to cover operations for the next 12 months from the date of the issuance of this Report. However, there can be no assurance that we will be successful in implementing our plan, that our projections of our future capital needs will prove accurate, or that any additional funding will be available on a timely manner, on favorable terms, or be sufficient to continue our operations. The consolidated financial statements do not include any adjustments that might be necessary if the Company is unable to continue as a going concern.

 

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Basis of Presentation and Consolidation

 

The accompanying condensed consolidated financial statements have been prepared in accordance with accounting principles generally accepted in the United States of America (“GAAP”). All intercompany transactions and balances have been eliminated in the accompanying condensed consolidated financial statements.

 

Unaudited Interim Financial Information

 

Certain information and footnote disclosures normally included in the Company’s annual audited consolidated financial statements and accompanying notes have been condensed or omitted in this accompanying interim consolidated financial statements and footnotes. Accordingly, the accompanying interim condensed consolidated financial statements included herein should be read in conjunction with the audited consolidated financial statements and accompanying notes included in the Company’s Annual Report on Form 10-K for the year ended December 31, 2025, filed with the U.S. Securities and Exchange Commission (“SEC”) on April 15, 2026 (the “2025 Annual Report”).

 

In the opinion of management, these interim condensed consolidated financial statements include all adjustments and accruals, consisting only of normal, recurring adjustments that are necessary for a fair statement of the results of all interim periods reported herein. The results of the interim periods are not necessarily indicative of the results expected for the full fiscal year or any other interim period or any future year or period.

 

Use of Estimates

 

The preparation of the Company’s unaudited condensed consolidated financial statements in conformity with GAAP requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the interim condensed consolidated financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. To the extent that there are material differences between these estimates and actual results, the Company’s financial condition or operating results will be materially affected. The Company bases its estimates on current and past experience to the extent that historical experience is predictive of future performance, and other assumptions that the Company believes are reasonable under the circumstances. The Company evaluates these estimates on an ongoing basis.

 

Reclassification

 

Certain prior year amounts have been reclassified for consistency with the current period presentation. These reclassifications had no effect on the reported financial position, results of operations or cash flows of the Company.

 

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Cash and Restricted Cash

 

Cash consists of cash on hand and cash on deposit with banks. Restricted cash primarily consists of reserves required by third-party acquiring bank partners in connection with services they provided to our merchant customers.

 

USDC

 

The Company holds USDC, a stablecoin, which is a crypto asset that is designed to maintain a value equivalent to one U.S. dollar. Our USDC is held in a secured digital wallet at a federally chartered crypto bank in the U.S. The Company acquired its USDC holding during the fourth quarter of 2025 in connection with the issuance of Series C convertible preferred stock (see Note 9, Equity, of this Report). In accordance with ASC 350-60, Intangibles – Goodwill and Other - Crypto Assets, the Company accounts for its USDC holding as a financial instrument that is measured at fair value at each reporting period, with changes recognized in net income. While not accounted for as cash or cash equivalent, we treat our USDC holdings as a liquidity resource.

 

Payment Processing Liabilities

 

Payment processing liabilities principally represent funds collected from banking services clients that have yet to be distributed to those clients’ customers at the end of the period. These liabilities are secured by funds held in restricted cash accounts and are presented as restricted cash in the condensed consolidated balance sheets.

 

Revenue Recognition

 

Revenue is recognized when control of the promised goods or services is transferred to customers, in an amount that reflects the consideration the Company expects to be entitled to in exchange for those goods or services.

 

Historically, the Company generated the majority of its revenue from payment processing services. Payment processing services revenue was typically based on a percentage of the value of each transaction processed and/or upon fixed amounts specified for each transaction or service. The Company satisfied its performance obligations and, therefore, recognized the processing fees as revenue at a point in time, upon the authorization of a merchant sale transaction. Following the sale of the Company’s wholly owned subsidiary, Ryvyl EU, effective June 1, 2025, the Company generates a substantial majority of its revenues from fees earned from payment processing transactions where the Company arranges for the delivery of those services to the merchant by a payment processor. Through the fourth quarter of 2025, the Company also generated an immaterial amount of revenues from banking services offered through its internally developed platform, NEMS Core, which are no longer offered, effective the first quarter of 2026.

 

For revenue earned from arranging for the delivery of payment processing services to merchants by a payment processor, the Company typically charges specified fees on a per transaction basis, a percentage share of the transaction amount, or a combination of both. The Company satisfies the performance obligation related to these transactions at a point in time, upon the authorization of the transaction in the payment processor’s platform. Revenue from these transactions is recognized on a gross basis, as the Company has determined that it is the principal in the arrangements governing those transactions.

 

Research and Development Costs

 

Research and development costs primarily consist of salaries and benefits for research and development personnel and outsourced contracted services, as well as associated supplies and materials. These costs are expensed as incurred.

 

Internal-use Software Development Costs

 

Internal-use software development costs consist of the costs related to outsourced consultants who are directly associated with and who devote time to creating and enhancing internally developed software for the Company’s platforms. Internal-use software development activities generally consist of three stages: (i) the preliminary project stage, (ii) the application development stage, and (iii) the postimplementation-operation stage. In accordance with ASC 350-40, Internal Use Software, costs incurred in the preliminary and postimplementation-operation stages of software development are expensed as incurred. Costs incurred in the application development stage, including significant enhancements and upgrades, are capitalized. Capitalized internal-use software development costs are included within intangible assets, net on the unaudited condensed consolidated balance sheets, and are amortized on a straight-line basis over an estimated useful life of three years upon the software or additional features being ready for their intended use.

 

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Accounts Receivable, Net

 

Accounts receivable primarily consist of amounts recorded in connection with the sale of payment processing terminals and related accessories. Accounts receivable are recorded at invoiced amounts, net of an allowance for credit losses, and do not bear interest. In accordance with Accounting Standards Update (“ASU”) No. 2016-13, Financial Instruments Credit Losses (ASC 326): Measurement of Credit Losses on Financial Instruments (ASU 2016-13), the Company measures its allowance for credit losses using an expected credit loss model that reflects the Company’s current estimate of expected credit losses inherent in the enterprise and the accounts receivable balance. In determining the expected credit losses, the Company considers its historical loss experience, the aging of its accounts receivable balance, current economic and business conditions, and anticipated future economic events that may impact collectability. The Company reviews its allowance for credit losses periodically and, as needed, amounts are written-off when determined to be uncollectible. As of March 31, 2026 and 2025, the allowance for credit losses was immaterial.

 

Prepaid Expenses and Other Current Assets

 

Prepaid expenses and other current assets primarily consist of prepaid expenses, inventory, and short-term deposits.

 

Property and Equipment, Net

 

Property and equipment primarily consist of computer equipment and furniture and fixtures. Property and equipment are stated at historical cost less accumulated depreciation. Depreciation is computed using the straight-line method over the estimated useful lives of the assets, which range from three to eight years. Expenditures for repairs and maintenance are charged to expense as incurred. For assets sold or otherwise disposed of, the cost and related accumulated depreciation are removed from the accounts, and any related gain or loss is reflected in income or loss for the period. Property and equipment, net is included in other assets in the condensed consolidated balance sheets.

 

Fair Value Measurements

 

The Company applies fair value accounting for assets and liabilities that are recognized or disclosed at fair value in the consolidated financial statements on a recurring basis. Fair value accounting establishes a three-level hierarchy priority for disclosure of assets and liabilities recorded at fair value. The ordering of priority reflects the degree to which objective prices in external active markets are available to measure fair value. The classification of assets and liabilities within the hierarchy is based on whether the inputs to the valuation methodology used for measurement are observable or unobservable.

 

The Company utilizes valuation techniques that maximize the use of observable inputs and minimize the use of unobservable inputs to the extent possible. The three levels in the hierarchy are as follows:

 

Level 1 – Observable inputs, such as unadjusted quoted prices in active markets for identical assets or liabilities accessible to the reporting entity at the measurement date.

 

Level 2 – Observable inputs other than Level 1 quoted prices, such as quoted prices for similar assets or liabilities, quoted prices in markets that are not active or other inputs that are observable or can be corroborated by observable market data for substantially the full term of the assets or liabilities.

 

Level 3 – Unobservable inputs that cannot be directly corroborated by observable market data and that typically reflect management’s estimate of assumptions that market participants would use in pricing the asset or liability.

 

The fair value of the Company’s USDC holding is based on the quoted (unadjusted) price in the principal market for the digital asset, which is based on Level 1 inputs, in accordance with ASC 820, Fair Value Measurements.

 

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Goodwill and Intangible Assets

 

ASC 350-20, IntangiblesGoodwill and OtherGoodwill, requires companies to assess goodwill for impairment annually or more frequently if indicators of impairment exist. Testing goodwill for impairment is performed at the reporting unit level and requires companies to compare the fair value of a reporting unit with its carrying amount, including goodwill. Goodwill is considered impaired if the carrying value of a reporting unit exceeds its fair value. Following the sale of the Company’s wholly owned subsidiary, Ryvyl EU, effective June 1, 2025, the Company no longer has any goodwill.

 

Intangible assets consist of capitalized internal-use software development costs related to outsourced consultants who are directly associated with and who devote time to creating and enhancing internally developed software for the Company’s platforms. As of March 31, 2026, the Company is no longer capitalizing any additional internal-use software development costs, as there are no new active software projects.

 

Leases

 

The Company leases office space under non-cancellable operating leases with various expiration dates. The Company determines whether an arrangement is a lease for accounting purposes at contract inception. Operating leases are recorded as right-of-use (“ROU”) assets, which are included within noncurrent assets, and lease liabilities, which are included within current and noncurrent liabilities on our condensed consolidated balance sheets.

 

As of the date of this Report, the Company is past due on rent payments under its office lease for its San Diego facility. The landlord has inquired regarding payment but has not delivered any formal notice asserting a default under the lease. The Company is currently evaluating its options with respect to this lease, including potential modifications or a potential termination of the lease. However, there can be no assurance that the matter will be resolved on favorable terms.

 

Operating lease ROU assets and operating lease liabilities are recognized at the lease commencement date based on the present value of the future lease payments over the lease term. ROU assets are based on the lease liability and are increased by prepaid lease payments and decreased by lease incentives received, where applicable. The interest rate used to determine the present value of the future lease payments is the Company’s incremental borrowing rate because the interest rate implicit in the Company’s leases is not readily determinable. The Company’s incremental borrowing rate is estimated to approximate the interest rate that the Company would pay to borrow on a collateralized basis with similar terms and payments as the lease, and in economic environments where the leased asset is located. Certain leases require the Company to pay taxes, maintenance, and other operating expenses associated with the leased asset. Such amounts are not included in the measurement of the ROU assets and lease liabilities. These lease costs are recognized as lease expenses when incurred.

 

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The Company evaluates ROU assets related to leases for indicators of impairment whenever events or changes in circumstances indicate that the carrying amount of those assets may not be recoverable. When a decision has been made to exit a lease prior to the contractual term or to sublease that space, the Company evaluates the asset for impairment and recognizes the associated impact to the ROU asset and related expense, if applicable. The evaluation is performed at the asset group level initially and when appropriate, at the lowest level of identifiable cash flows, which is at the individual lease level. Undiscounted cash flows expected to be generated by the related ROU asset are estimated over the ROU asset’s useful life. If the evaluation indicates that the carrying amount of the ROU asset may not be recoverable, any potential impairment is measured based upon the fair value of the related ROU asset or asset group as determined by appropriate valuation techniques. During the quarter ended March 31, 2026, the Company identified indicators of impairment for the ROU asset related to one of its operating leases, which indicated that the carrying value of the ROU asset may not be recoverable. Based on the Company’s impairment analysis, it recorded an impairment charge of $0.9 million as of March 31, 2026.

 

Foreign Currency

 

Assets and liabilities of our foreign subsidiaries are translated into the reporting currency using the exchange rates in effect on the condensed consolidated balance sheet dates. Equity accounts are translated at historical rates, except for the change in retained earnings during the period, which is the result of the income statement translation process. Revenue and expense accounts are translated using the weighted average exchange rate during the period. The cumulative translation adjustments associated with the net assets of foreign subsidiaries are recorded in accumulated other comprehensive income in the accompanying consolidated statements of stockholders’ equity. Following the sale of the Company’s wholly owned foreign subsidiary, Ryvyl EU, effective June 1, 2025, the Company is no longer exposed to changes in exchange rates that would impact its condensed consolidated balance sheets on a go forward basis.

 

Stock Based Compensation

 

Stock-based compensation expense relates to restricted stock awards (“RSAs”), restricted stock units (“RSUs”), and stock options granted to employees and non-employee directors under the Company’s equity incentive plans, which are measured based on the grant-date fair value. The fair value of RSAs and RSUs is determined by the closing price of the Company’s common stock on the grant date. The fair value of stock options is estimated on the date of grant using the Black-Scholes-Merton option valuation model. Generally, stock-based compensation expense is recorded on a straight-line basis over the requisite service period. The Company accounts for forfeitures as they occur.

 

Income Taxes

 

Income taxes are accounted for under the asset and liability method. Deferred income taxes are recognized for temporary differences between the tax basis of assets and liabilities and their reported amounts in the condensed consolidated financial statements, net of operating loss carry forwards and credits, by applying enacted statutory tax rates applicable to future years. Deferred tax assets are reduced by a valuation allowance when, in the opinion of management, it is not more likely than not that some portion of or all the deferred tax assets will not be realized. Judgment is required in determining and evaluating income tax provisions and valuation allowances for deferred income tax assets. We recognize an income tax benefit from an uncertain tax position only if it is more likely than not that the tax position will be sustained on examination by tax authorities, based on the technical merits of the position.

 

Current income taxes are provided for in accordance with the laws of the relevant taxing authorities. As of March 31, 2026, and December 31, 2025, the Company has a full valuation allowance on its deferred tax assets.

 

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Net Loss Per Share

 

The Company’s basic net loss per share is computed by dividing the loss available to common shareholders by the weighted average number of common shares outstanding during the period without consideration of potentially dilutive securities. Diluted net loss per share is computed by dividing the net loss available to common shareholders by the weighted-average number of shares of common stock outstanding, adjusted for the dilutive effect of all potential shares of common stock. In periods in which the Company reports a net loss, all potential common shares are excluded from the calculation of diluted loss per share, as their effect would be anti-dilutive. As such, for the quarters ended March 31, 2026, and 2025, the Company’s diluted net loss per share was the same as the basic net loss per share, as there were no common stock equivalents outstanding that would have a dilutive effect.

 

Recently Adopted Accounting Pronouncements

 

In July 2025, the FASB issued ASU No. 2025-05, Measurement of Credit Losses for Accounts Receivable and Contract Assets (“ASU 2025-05”). The amendments allow an entity to apply a practical expedient when estimating expected credit losses, which assumes that the current conditions as of the balance sheet date will not change for the remaining life of the accounts receivable and contract assets arising from contracts with customers. The amendments are effective for fiscal years beginning after December 15, 2025, and interim reporting periods within those fiscal years, with early adoption permitted. If the practical expedient is elected, the amendments should be applied prospectively. The Company adopted the amendments effective for the current fiscal year and the adoption did not have a material impact on the Company’s financial statements and related disclosures.

 

Recently Issued Accounting Pronouncements

 

In November 2024, the FASB issued ASU No. 2024-03, Disaggregation of Income Statement Expenses (“ASU 2024 03”), and in January 2025, the FASB issued ASU No. 2025-01, Clarifying the Effective Date (“ASU 2025-01”). The amendments are intended to enhance disclosures regarding an entity’s costs and expenses by requiring additional disaggregated information disclosures about certain income statement expense line items. The amendments, as clarified by ASU 2025-01, are effective for fiscal years beginning after December 15, 2026, and interim periods within fiscal years beginning after December 15, 2027. Early adoption is permitted. The Company is evaluating the effect of adopting the new disclosure requirements.

 

In September 2025, the FASB issued ASU No. 2025-06, Targeted Improvements to the Accounting for Internal-Use Software (“ASU 2025-06”). The amendments are intended to clarify and modernize the accounting for costs related to internal-use software. The guidance removes all references to project stages and clarifies the threshold entities apply to begin capitalizing costs. The amendments are effective for fiscal years beginning after December 15, 2027, and interim periods within those fiscal years, with early adoption permitted. The Company does not expect the adoption to have a material impact on the Company’s financial statements.

 

3. Discontinued Operations

 

Pursuant to a stock purchase agreement (the “SPA”) and a Termination Agreement (the “Termination Agreement”), both dated January 23, 2025, and entered into between the Company and a purchaser (the “Purchaser”), the Company and the Purchaser completed the sale of its wholly owned subsidiary Ryvyl EU, effective June 1, 2025, which comprised substantially all of the business previously reported under the Company’s International reporting segment. Domiciled in Sofia, Bulgaria, Ryvyl EU is a European Union regulated electronic money institution that provides complete payment solutions by offering acquiring, issuing, banking services across Europe. Pursuant to the terms of the SPA and Termination Agreement, the Company received total consideration of $16.5 million, comprised of $15.0 million of short-term secured debt and a related $1.5 million of accrued interest (or termination fee), which was forgiven by the Purchaser in exchange for the acquisition of Ryvyl EU. The net assets of Ryvyl EU immediately prior to the closing of the sale were approximately $23.0 million and the Company recognized a loss on sale of approximately $6.5 million during the quarter ended June 30, 2025.

 

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In accordance with ASC 205-20, Presentation of Financial Statements - Discontinued Operations, since the sale of Ryvyl EU met the held-for-sale criteria as of the second quarter of 2025 and the sale transaction was completed within the same quarter, historical assets and liabilities of Ryvyl EU have not been segregated and reported as discontinued operations in the condensed consolidated balance sheets for all historical periods presented. Pursuant to the same guidance, the income statement activity of Ryvyl EU has been segregated and reported as discontinued operations for all periods presented in the condensed consolidated income statements for all historical periods presented. Additionally, cash flows related to discontinued operations have not been segregated and are included in the unaudited condensed consolidated statement of cash flows for all periods presented.

 

The results of operations from discontinued operations for the three months ended March 31, 2026, and 2025, consist of the following (in thousands):

 

   Three Months Ended
March 31,
 
   2026   2025 
         
Revenue  $-   $12,363 
Cost of revenue   -    (7,018)
General and administrative   -    (433)
Payroll and payroll taxes   -    (1,260)
Professional fees   -    (48)
Depreciation and amortization   -    (51)
Other (expense) income, net   -    (115)
Income from discontinued operations   -    3,438 
Loss on sale of discontinued operations   -    - 
Income from discontinued operations before income taxes   -    3,438 
Provision for income taxes   -    (342)
Income from discontinued operations, net of tax  $-   $3,096 

 

Selected financial information related to cash flows from discontinued operations for the three months ended March 31, 2026, and 2025, is as follows (in thousands):

 

   Three Months Ended
March 31,
 
   2026   2025 
         
Depreciation of property and equipment  $-   $2 
Amortization of intangible assets  $-   $49 
Purchases of property and equipment  $-   $13 

 

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4. Property and Equipment, Net

 

The following table details property and equipment, less accumulated depreciation (in thousands):

 

   March 31,
2026
   December 31,
2025
 
Computers and equipment  $118   $119 
Furniture and fixtures   12    115 
Improvements   145    145 
Total property and equipment   275    379 
Less: accumulated depreciation   (246)   (312)
Net property and equipment  $29   $67 

 

Depreciation expense was negligible for the three months ended March 31, 2026. Depreciation expense was $0.03 million for the three months ended March 31, 2025.

 

5. Intangible Assets, Net

 

The following tables detail intangible assets (in thousands):

 

      March 31, 2026 
   Estimated
Useful Life
  Cost   Accumulated
Amortization
   Impairment
Loss
   Net 
Customer relationships  2-5 years  $6,545   $(3,517)  $(3,028)  $- 
Business technology/IP  5 years   2,611    (2,611)   -    - 
Capitalized internal-use software  3 years   2,901    (846)   (1,828)   227 
Total intangible assets     $12,057   $(6,974)  $(4,856)  $227 

 

      December 31, 2025 
   Estimated
Useful Life
  Cost   Accumulated
Amortization
   Impairment
Loss
   Net 
Customer relationships  2-5 years  $6,545   $(3,517)  $(3,028)  $- 
Business technology/IP  5 years   2,611    (2,611)   -    - 
Capitalized internal-use software  3 years   2,901    (818)   (1,828)   255 
Total intangible assets     $12,057   $(6,946)  $(4,856)  $255 

 

Amortization expense was $0.03 million and $0.1 million for the three months ended March 31, 2026, and 2025, respectively.

 

The estimated future amortization expense related to intangible assets as of March 31, 2026, is as follows (in thousands):

 

Fiscal years:  Amount 
2026 (remainder)  $83 
2027   104 
2028   40 
2029   - 
Thereafter   - 
Total  $227 

 

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6. Accrued Liabilities

 

The following table details the balance in accrued liabilities (in thousands):

 

   March 31,
2026
   December 31,
2025
 
Accrued legal settlements  $3,050   $3,750 
Payroll related accruals   346    590 
Accrued legal and professional fees   354    446 
Accrued taxes   87    157 
Other accrued liabilities   1,633    1,691 
Total accrued liabilities  $5,470   $6,634 

 

7. Note Payable

 

Stock Purchase Agreement and Financing

 

On January 23, 2025, in connection with the Company securing financing, it entered into a stock purchase agreement (the “January 2025 SPA”) with a purchaser (the “Purchaser”), which provides for the sale to the Purchaser of all of the issued and outstanding shares of capital stock (the “Ryvyl EU Shares”) of the Company’s indirect subsidiary domiciled in Bulgaria, Ryvyl (EU) EAD (“Ryvyl EU”), by Transact Europe Holdings EOOD, the Company’s wholly owned subsidiary, also domiciled in Bulgaria (“Transact Europe”) for an aggregate purchase price of $15.0 million (the “Financing Purchase Price”). Under the terms of the January 2025 SPA, the Company was required to use $13.0 million of the net proceeds raised in the financing to pay the First Installment of the Repurchase Agreement (each as defined below).

 

On January 23, 2025, the Company, Transact Europe and the Purchaser also entered into a Termination Agreement (the “Termination Agreement”). Among other things, the Termination Agreement provided the Company with the right to terminate the January 2025 SPA and all of the transactions contemplated therein, by paying the Purchaser $16.5 million on or before 90 days after the date of execution of the January 2025 SPA (April 23, 2025). If the January 2025 SPA was terminated as a result of such payment by the Company, the Ryvyl EU Shares would not have been sold to the Purchaser and would have been returned to Transact Europe and the January 2025 SPA would be void and of no further effect, except for some provisions that survive termination. In the event that the January 2025 SPA was not so terminated, then the Purchaser could close on its purchase of the Ryvyl EU Shares; provided, however, if the Purchaser was unable to close for any reason other than the Company’s breach, including the inability to obtain any regulatory clearances required for such transfer, then the Company would have been liable for damages in the amount of $16.5 million. In the event that the Purchaser was unable to close on the transfer of the Ryvyl EU Shares, as a result of the Company’s breach, then the Company would have been liable for damages in an amount equal to the appraised value of the Ryvyl EU Shares.

 

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The Company analyzed the terms of the January 2025 SPA and Termination Agreement and determined that they should be accounted for together as a single transaction, as neither agreement would have been entered into without the other and the exercise of each party’s rights under each agreement would result in the termination of each party’s rights under the other agreement (i.e., the January 2025 SPA would have been void and of no further effect if the Company exercised its termination rights under the Termination Agreement, and the Termination Agreement would have been void and of no further effect in the event that the January 2025 SPA was not so terminated and the Purchaser closes on its purchase of the Ryvyl EU Shares). Further, the Company determined that the terms of the agreements, in particular the Company’s unilateral termination right, were such that the Company would not be considered to have surrendered control of the Ryvyl EU Shares until the termination deadline passes and, therefore, the substance of the transaction effectively represented short-term secured debt (rather than a true sale), akin to a repurchase agreement in which a seller-borrower of securities sells those securities to a buyer-lender with an agreement to repurchase them at a stated price plus interest at a specified date or in specified circumstances, which would be accounted for as a collateralized borrowing, in accordance with ASC 860-30. As such, the Company accounted for the transaction as a secured borrowing by recognizing the Financing Purchase Price as cash in the accompanying condensed consolidated balance sheets, recording an obligation (liability) to return the cash to the Purchaser, and recognizing the difference between the Financing Purchase Price and $16.5 million termination payment as interest expense over the 90-day period from the date of execution of the January 2025 SPA to the termination deadline.

 

Modification Agreement

 

On April 23, 2025, the Company, Transact Europe, and the Purchaser executed and entered into a modification agreement (the “Modification Agreement”) which provides that, notwithstanding the terms of the Termination Agreement or the January 2025 SPA, the Purchaser will not take any actions to close on the purchase of the Ryvyl EU Shares before May 6, 2025, so that the Company and the Purchaser may attempt to enter into an alternative transaction in lieu of the securities purchase transaction under the January 2025 SPA. The Company had the right, at any time, on or before May 6, 2025, to extend this period, so that the Purchaser would not exercise such right to purchase the Ryvyl EU Shares, until May 27, 2025, in consideration for the Company’s payment to the Purchaser of $0.75 million. This payment was to be accounted for as additional interest on the secured borrowing from the date of payment to the termination deadline. All other terms of the January 2025 SPA and the Termination Agreement remain unchanged and in full force and effect.

 

On May 7, 2025, the Purchaser provided a letter of notice to the Company and Transact Europe, stating that due to the Company not exercising its right to terminate the SPA by payment to the Purchaser of $16.5 million within the time so prescribed by the Termination Agreement, and as the Company had not exercised its right to extend the period during which time the Purchaser agreed not to exercise its rights to close on the transaction per the Modification Agreement (the “Standstill Period”), the Company no longer had the right to terminate the SPA pursuant to the Termination Agreement, and the Standstill Period had expired. The Purchaser also notified the Company that notwithstanding the foregoing, they did not intend to take the final steps to close on the purchase of the Ryvyl EU Shares for a period of ten calendar days from and including the date of the letter, or until May 16, 2025. The parties continued discussions during this period. All other terms of the SPA and the Termination Agreement remained unchanged and in full force and effect. On May 14, 2025, the Purchaser notified the Company that it would proceed to take steps to acquire the Ryvyl EU Shares, and the Company issued a press release stating that the parties had ceased discussions to restructure the terms of the pre-funded asset sale of its Ryvyl EU subsidiary. The sale of Ryvyl EU was completed between the parties, effective June 1, 2025.

 

Since the $16.5 million owed to the Purchaser was effectively settled in full in exchange for the Purchaser acquiring Ryvyl EU, the amount was treated as the total consideration received by the Company for the sale of Ryvyl EU. Accordingly, the principal balance and accrued interest of $16.5 million were deemed fully repaid as of June 1, 2025, the date of the completion of the Ryvyl EU sale. See Note 3, Discontinued Operations, of this Report for additional information.

 

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8. Long-Term Debt

 

The following table summarizes the Company’s debt (in thousands):

 

   March 31,
2026
   December 31,
2025
 
$149,900 Economic Injury Disaster Loan (EIDL), interest rate of 3.75%, due June 1, 2050   150    150 
$500,000 EIDL, interest rate of 3.75%, due May 8, 2050   474    477 
Total debt   624    627 
           
Less: current portion   (13)   (14)
Long-term debt  $611   $613 

 

Small Business Association CARES Act Loans

 

On June 9, 2020, the Company entered into a 30-year loan agreement with the Small Business Association (“SBA”) under the CARES Act in the amount of $149,900. The loan bears interest at 3.75% per annum and requires monthly principal and interest payments of $731 beginning June 9, 2021. As of March 31, 2026, the loan is not in default.

 

On May 8, 2020, Charge Savvy, a wholly-owned subsidiary of the Company, entered into a 27-year loan agreement with the SBA under its Economic Injury Disaster Loan (“EIDL”) assistance program in the amount of $150,000. The loan bears interest at 3.75% per annum and required principal and interest payments of $731 beginning on May 8, 2021, which were subsequently deferred to November 8, 2022. On August 4, 2021, Charge Savvy was granted a loan increase in the amount of $350,000 on identical terms as the initial loan, for an aggregate loan amount of $500,000. Monthly principal and interest payments on the aggregate loan are $2,477 and began on November 8, 2022. Pursuant to the terms of Security Agreements executed in connection with this loan, the SBA was granted a security interest in all tangible and intangible personal property of Charge Savvy. As of March 31, 2026, the loan is not in default.

 

9. Equity

 

Underwritten Public Offering

 

On July 16, 2025, the Company announced the closing of an aggregate of 439,560 shares of common stock (or prefunded warrants in lieu thereof) and common warrants to purchase up to 439,560 shares of common stock, at a combined offering price of $13.65 per share and accompanying warrant. The Company received net proceeds from the offering, after deducting placement agent fees and other offering expenses (excluding proceeds to the Company, if any, from the future exercise of the common warrants) of approximately $5.3 million. The common warrants have an exercise price of $13.65 per share, are immediately exercisable upon issuance, and expire on the five-year anniversary of the original issuance date. Through March 31, 2026, a total of 187,476 common warrants were exercised for total proceeds of $1.93 million.

 

Convertible Preferred Stock

 

As of March 31, 2026, and December 31, 2025, preferred stock consisted of the following (in thousands, except number of shares):

 

   March 31, 2026 
   Preferred
Shares
Authorized
   Preferred
Shares
Issued and
Outstanding
   Carrying
Value
   Liquidation
Preference
   Common
Stock
Issuable
Upon
Conversion
 
Series C   50,000    50,000   $6,500   $6,500    205,775 
Undesignated preferred shares   4,880,000    -    -    -    - 
Total Preferred Stock   4,930,000    50,000   $6,500   $6,500    205,775 

 

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   December 31, 2025 
   Preferred
Shares
Authorized
   Preferred
Shares
Issued and
Outstanding
   Carrying
Value
   Liquidation
Preference
   Common
Stock
Issuable
Upon
Conversion
 
Series C   50,000    50,000   $6,500   $6,500    205,775 
Undesignated preferred shares   4,880,000    -    -    -    - 
Total Preferred Stock   4,930,000    50,000   $6,500   $6,500    205,775 

 

Series A and Series B Preferred Stock

 

On July 31, 2023, the Company issued 6,000 shares of Series A Preferred Stock in exchange for $4.3 million of the outstanding principal balance of the 2021 Senior Convertible Note (retired in the second quarter of 2025) (the “2021 Convertible Note”), which was due April 5, 2025 and $1.7 million of accrued interest pursuant to the First Exchange Agreement entered into with the Investor on July 25, 2023. The Series A Preferred Stock had a stated value of $1,000 per share and a fair value of approximately $1,111 per share at issuance, as determined by a valuation performed by third-party experts. On November 29, 2023, the existing shares of Series A Preferred Stock issued to the Investor were forfeited to the Company by the Investor and the Company issued 55,000 shares of Series B Preferred Stock, along with a cash payment of $3.0 million, in exchange for $60.3 million of the outstanding principal balance of the 2021 Convertible Note pursuant to the Second Exchange Agreement entered into with the Investor on November 27, 2023. The Series B Preferred Stock had a stated value of $1,000 per share and a fair value of approximately $1,339 per share at issuance, as determined by a valuation performed by third-party experts.

 

On January 27, 2025, all shares of Series B Preferred Stock held by the Investor were repurchased upon payment of the First Installment Payment pursuant to the Repurchase Agreement entered into with the Investor on January 23, 2025. All previously issued Series A and Series B preferred shares were cancelled.

 

Series C Convertible Preferred Stock

 

On October 6, 2025, the Company entered into a Securities Purchase Agreement (the “Series C Purchase Agreement”) with RTB, pursuant to which the Company sold an aggregate of 50,000 shares of its Series C convertible preferred stock, par value $0.01 per share (the “Series C Preferred Stock”) to RTB in a private placement (the “PIPE Financing”), which closed on October 7, 2025. Each share of Series C Preferred Stock had a stated value of $100 and were sold for an aggregate purchase price of $5,000,000. The Series C Purchase Agreement memorialized that the purchase by RTB of the Series C Preferred Stock is in furtherance of maintaining the Company’s required capital during the period prior to the closing of the Merger, and that regardless of whether the Merger takes place, the Series C Preferred Stock shall be dilutive of the economics or voting of the Company’s shares of common stock only at such times as the Merger Agreement is effective. The Series Purchase Agreement specifies that solely in the event of a Material Breach Event (as defined in the Series C Purchase Agreement), the Company shall issue to RTB warrants to purchase common stock, as outlined in the Series C Purchase Agreement.

 

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On December 9, 2025, the Company and RTB executed an amendment to the Series C Purchase Agreement (“First Amendment to Series C Purchase Agreement”), pursuant to which the original purchase price for the 50,000 Series C Preferred Stock shares was increased to $6,500,000 (an increase of $1,500,000) and the stated value per share was increased to $130 (an increase of $30). All other provisions of the Series C Purchase Agreement remained the same.

 

The Series C Convertible Preferred Stock is classified within permanent equity, as its embedded features are indexed to the Company’s own stock and it is not mandatorily redeemable, thereby not representing an unconditional obligation to transfer cash or other assets. Accordingly, the instrument meets the criteria for equity classification under ASC 815-40, Derivatives and Hedging—Contracts in an Entity’s Own Equity, and ASC 480, Distinguishing Liabilities from Equity. The Series C Convertible Preferred Stock was recorded in the accompanying consolidated balance sheets at its issuance-date fair value and is presented within stockholders’ equity.

 

The holders of the Series C Preferred Stock have the following rights and preferences:

 

Voting – Each share of Series C Preferred Stock shall entitle the holders thereof to cast that number of votes equal to the number of whole shares of common stock into which such shares of Series C Preferred Stock are convertible as of the record date for determining stockholders entitled to vote on such matter, but subject to the Issuable Maximum and the Authorized Maximum (as defined in the Series C Purchase Agreement) and any other conversion limitations). The number of shares that may be voted are limited by a blocker provision in compliance with Nasdaq requirements.

 

Dividends – Holders shall be entitled to receive dividends on shares of Preferred Stock equal (on an as-if-converted-to-common-stock basis, disregarding for such purpose any conversion limitations hereunder) to and in the same form as dividends actually paid on shares of the common stock when, as and if such dividends are paid on shares of the common stock. No other dividends shall be paid on shares of Preferred Stock. No such dividends have been declared to date.

 

Liquidation – Upon any liquidation, dissolution or winding-up of the Company, the holders shall be entitled to receive out of the assets, whether capital or surplus, of the Company an amount equal to the stated value plus any accrued and unpaid dividends and any other amounts due and owing under the Certificate of Designation of the Series C Preferred Stock, for each share of Series C Preferred Stock before any distribution or payment shall be made to the holders of Junior Securities (as defined in the Series C Purchase Agreement) and if the assets of the Company shall be insufficient to pay in full such amounts, then the entire assets to be distributed to the holders shall be ratably distributed among the holders in accordance with the respective amounts that would be payable on such shares if all amounts payable thereon were paid in full.

 

Conversion at Option of Holder – Each share of Series C Preferred Stock shall be convertible, at any time and from time to time from and after the original issue date at the option of the holders thereof, into that number of shares of common stock determined by dividing the stated value of such share of Series C Preferred Stock by $0.40, subject to certain adjustments and a price floor of $0.08.

 

Mandatory Redemption Upon Material Breach Event - Upon a Material Breach Event (as defined in the Series C Purchase Agreement), the Company shall redeem all outstanding shares of Series C Preferred Stock at an aggregate redemption price equal to the aggregate stated value of the shares of Series C Preferred Stock on the closing date of the Series C Purchase Agreement (as defined therein).

 

10. Income Taxes

 

The Company recorded income tax expense of less than $0.01 million and $0.10 million for the three months ended March 31, 2026 and 2025, respectively. We estimate our annual effective income tax rate to be (0.13%) for the 2026 calendar year, which is different from the U.S. federal statutory rate, primarily due to the Company’s full valuation allowance position.

 

As of March 31, 2026, we have no material unrecognized tax benefits and we expect no material unrecognized tax benefits for the next 12 months.

 

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11. Stock-Based Compensation

 

Equity Incentive Plans

 

The Company adopted the 2023 Equity Incentive Plan (“2023 Plan”) on November 2, 2023, which provides employees, directors, and consultants with opportunities to acquire the Company’s shares, or to receive monetary payments based on the value of such shares. Management has determined that it is in the best interests of the Company to replace the 2020 Incentive and Nonstatutory Stock Option Plan, the 2021 Incentive and Nonstatutory Stock Option Plan, and the 2021 Restricted Stock Plan, with one plan, the 2023 Plan, pursuant to which the Company will be able to grant stock option awards, stock appreciation rights, restricted stock awards, restricted stock units, and other stock-based awards. The 2023 Plan provides for up to 145,665 shares of common stock. Grants made under the 2023 Plan will generally vest and become exercisable at various times from the grant dates. These awards will have such vesting or other provisions as may be established by the Board of Directors at the time of each award.

 

Stock Option Activity

 

The following table provides a summary of stock option activity for the three months ended March 31, 2026:

 

   Number
of Shares
   Weighted
Average
Exercise
Price
 
Outstanding at December 31, 2025   7,592   $147.45 
Granted   -    N/A 
Exercised   -    N/A 
Cancelled/forfeited/expired   (2,632)     
Outstanding at March 31, 2026   4,960   $74.42 
           
Exercisable at March 31, 2026   4,960   $74.42 

 

There were no stock options granted or exercised during the three-month periods ended March 31, 2026, and 2025, respectively.

 

Restricted Stock Activity

 

The following table provides a summary of RSA activity for the three months ended March 31, 2026:

 

   Number
of Shares
   Weighted
Average
Grant Date
Fair Value
 
Unvested at December 31, 2025   2,851   $43.01 
Granted   -    N/A 
Vested   (2,089)   33.42 
Forfeited   -    N/A 
Unvested at March 31, 2026   762   $69.30 

 

The total grant date fair value of RSAs that vested was $0.07 million and $0.02 million in the three-month periods ended March 31, 2026, and 2025, respectively.

 

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The following table provides a summary of RSU activity for the three months ended March 31, 2026:

 

   Number
of Shares
   Weighted
Average
Grant Date
Fair Value
 
Unvested at December 31, 2025   32,450   $28.96 
Granted   -    N/A 
Vested   (11,524)   29.08 
Forfeited   -    N/A 
Unvested at March 31, 2026   20,926   $28.90 

 

The total grant date fair value of RSUs that vested was $0.3 million for the three months ended March 31, 2026. There were no RSUs granted during the three months ended March 31, 2025.

 

12. Leases

 

The Company leases office space under operating leases at three locations in the United States (California, Illinois, and Massachusetts). The Company had no finance lease obligations as of March 31, 2026.

 

The Company’s operating lease expense totaled $0.2 million and $0.3 million for the three-month periods ended March 31, 2026, and 2025, respectively. As of March 31, 2026, the weighted-average remaining lease term was 2.9 years and the weighted average discount rate was 12.0%.

 

Future minimum lease payments under our operating leases and reconciliation to lease liability as of March 31, 2026, are as follows (in thousands):

 

Fiscal years:  Amount 
2026 (remainder)  $757 
2027   840 
2028   878 
2029   - 
Thereafter   - 
Total   2,475 
Less: present value discount   (365)
Operating lease liability  $2,110 

 

13. Related Party Transactions

 

Family Relationships

 

Through August 2025, the Company employed two brothers of its then-serving Chief Executive Officer, Fredi Nisan, Dan and Liron Nusinovich, who were paid approximately $260,000 and $131,000 per year, respectively. There are no family relationships between any of the other directors or executive officers and any other employees or directors or executive officers.

 

The Company did not pay any commissions to the related parties mentioned above for the three months ended March 31, 2026, and 2025.

 

Fredi Nisan

 

On September 25, 2025, the Company and Fredi Nisan (“Mr. Nisan”) entered into an Advisory Services Agreement (the “Nisan Consulting Agreement”), effective as of November 1, 2025, and continuing through April 30, 2026. Pursuant to the terms and conditions of the Nisan Consulting Agreement, Mr. Nisan would provide services relating to advising the Company on strategic initiatives and other revenue-generating advice and consulting in exchange for a monthly cash consulting fee over the agreement term. As of the date of this Report, the Nisan Consulting Agreement has ended, and the Company has satisfied all its obligations pursuant to the terms thereof.

 

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Ben Errez

 

On August 15, 2025, the Company and Mr. Errez entered into an Advisory Services Agreement (the “Errez Consulting Agreement”), effective as of September 1, 2025, and continuing through February 28, 2026. Pursuant to the terms and conditions of the Errez Consulting Agreement, Mr. Errez would provide services relating to advising the Company on strategic initiatives and other revenue-generating advice and consulting in exchange for a monthly cash consulting fee over the agreement term. As of the date of this Report, the Nisan Consulting Agreement has ended, and the Company has satisfied all its obligations pursuant to the terms thereof.

 

14. Commitments and Contingencies

 

Purchase Commitments

 

Aside from the Company’s operating lease commitments, which are disclosed in Note 12, Leases, the Company also has the following non-cancellable purchase commitments under services contracts with vendors for software products, as of March 31, 2026:

 

Fiscal years:  Amount 
2026 (remainder)  $149 
2027   198 
2028   16 
Total  $363 

 

Severance Agreements

 

As previously disclosed in the Current Report on Form 8-K filed by the Company with the SEC on October 1, 2025, effective October 31, 2025 (the “Termination Date”), Fredi Nisan retired as Chief Executive Officer of the Company. In connection with his reported retirement, the Company and Mr. Nisan entered into a Severance Benefits Offer and General Waiver and Release of Claims agreement (the “Severance Agreement”). Pursuant to the Severance Agreement, Mr. Nisan received a cash payment of $350,000, less applicable withholding amounts, payable over a twelve-month period following the Termination Date, and all issued but unvested equity grants held by Mr. Nisan, vested as of the Termination Date. The Severance Agreement contains customary representations, warranties, and covenants.

 

Employment Agreements

 

As previously disclosed in the Current Report on Form 8-K filed by the Company with the SEC on September 24, 2025, on September 22, 2025, the Company entered into an employment agreement with Mr. Oliva in connection with the continuation of his role as Chief Financial Officer of the Company (the “Employment Agreement”). Pursuant to the Employment Agreement, Mr. Oliva will continue his employment on an “at-will” basis with compensation to be set by the Company’s management team on an annual basis, eligibility for bonuses in accordance with the Company’s applicable bonus programs, and eligibility for other benefits such as participation in any retirement plans and insurance plans. The Company may terminate the Employment Agreement for cause and Mr. Oliva may terminate the Employment Agreement for good reason, both as further described in the Employment Agreement, and both the Company and Mr. Oliva may also terminate without cause subject to fifteen prior days’ notice. Upon termination for cause (by the Company) or without cause (by Mr. Oliva), the Company will pay for any earned but unpaid base salary, bonus, and vested benefits through the date of termination. In addition to the foregoing, in the case of termination without cause (by the Company) or for good reason (by Mr. Oliva), the Company will also pay Mr. Oliva severance in the amount of twelve months salary to be paid in twelve equal instalments, all vested equity awards will be fully vested, and continue to cover Mr. Oliva’s group health plan premium for a period of twelve months. The Employment Agreement contains standard covenants by the Company and Mr. Oliva, including as it relates to confidentiality and indemnification, and defines the duties and responsibilities of Mr. Oliva’s continued employment with the Company.

 

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Merger Agreement with RTB Digital, Inc.

 

As previously disclosed in the Current Report on Form 8-K filed by the Company with the SEC on October 2, 2025, on September 28, 2025, the Company, RYVYL Merger Sub Inc., a Delaware corporation and wholly owned direct subsidiary of the Company (“Merger Sub”), and RTB Digital, Inc., a Delaware corporation (“RTB”), entered into an Agreement and Plan of Merger (the “Merger Agreement”), pursuant to which Merger Sub will merge with and into RTB (the “Merger”), with RTB surviving the Merger as a wholly-owned subsidiary of the Company (the corporation surviving the Merger, the “Surviving Corporation”). At the effective time of the Merger (the “Effective Time”), among other things, a number of shares of RTB capital stock will be exchanged for shares of common stock equal to an exchange ratio calculated pursuant to the terms set forth in the Merger Agreement, as consideration for the Merger. In addition, the Company will assume a number of securities of RTB, including an outstanding convertible loan note and the interest due thereon, certain unexercised warrants and the RTB equity award plans. Upon the consummation of the Merger, the Company will be renamed “RTB Digital, Inc.” The Company will also pay its financial advisor an advisory fee of approximately $1.1 million, payable in part in cash and in part by the issuance of a number of shares of common stock, for its services in connection with the merger transaction.

 

The Merger Agreement contains customary representations, warranties and covenants of the Company and RTB, including covenants relating to the conduct of the business of both the Company and RTB from the date of signing the Merger Agreement through the closing, obtaining the requisite approval of the stockholders of the Company and RTB, maintaining listing of the common stock of the Company on the Nasdaq Capital Market (“Nasdaq”) and applying for the continued listing of RTB Digital, Inc. after the closing of the Merger, on Nasdaq.

 

The Merger Agreement provides that the parties will use their respective reasonable best efforts to take all actions reasonably necessary, proper or advisable to consummate and make effective, as promptly as reasonably practicable, the transactions contemplated by the Merger Agreement. The consummation of the Merger is subject to the satisfaction or waiver of customary conditions pursuant to the terms set forth in the Merger Agreement. Following the Merger, RTB’s business will be the primary business of the combined companies, but the Company will continue its current operations, thereafter. The Merger is expected to close during the second quarter of 2026. See Note 16, Subsequent Events, of this Report for additional details.

 

Legal Proceedings

 

From time to time, the Company is and may become involved in legal proceedings. The Company records a liability for those legal proceedings when it determines it is probable that a loss has been incurred and the amount of the loss can be reasonably estimated. The Company also discloses when it is reasonably possible that a material loss may be incurred, however, the amount cannot be reasonably estimated. From time to time, the Company may enter into discussions regarding settlement of these matters, and may enter into settlement agreements, if it believes settlement is in the best interest of the Company and its shareholders.

 

The following is a summary of our current outstanding litigation. Note that references to GreenBox POS are for historical purposes. GreenBox POS changed its name to RYVYL Inc. on October 13, 2022.

 

  On December 12, 2022, Jacqueline Dollar (a/k/a Jacqueline Reynolds), former Chief Marketing Officer of the Company, filed a complaint against the Company, Fredi Nisan, and Does 1-20 in San Diego Superior Court. Ms. Dollar is alleging she was undercompensated compared to her male counterparts and retaliated against after raising concerns to management resulting in sex discrimination in violation of the California Fair Employment and Housing Act (“FEHA”) and failure to prevent discrimination in violation of FEHA. Ms. Dollar is also claiming intentional infliction of emotional distress. Ms. Dollar is seeking an unspecified amount of damages related to, among other things, payment of past and future lost wages, stock issuances, bonuses and benefits, compensatory damages, and general, economic, non-economic, and special damages. On January 21, 2026, Ms. Dollar filed a notice of conditional settlement of entire case with the Court. The parties have since entered into a confidential settlement agreement, pursuant to which all claims are to be dismissed upon satisfaction of all settlement terms.

 

  As previously disclosed in the Company’s 10-Q for the period ending March 31, 2025, as filed on May 20, 2025, since December 2022, the Company has been cooperating with an ongoing investigation by the SEC regarding possible violations of the federal securities laws. Following discussions with the Staff of the SEC, the Company made certain disclosures addressing the concerns regarding the Company’s 2020 Registration Statement on Form S-1 filed on December 23, 2020 and subsequent reporting, which are contained in the Company’s Quarterly Report on Form 10-Q for the period ended March 31, 2025 under Part I, Note 14, Commitments and Contingencies, and Part I, Item 2. Management’s Discussion and Analysis of Financial Condition and Results of Operations – Recent Developments, and under the Part II section titled “Legal Proceedings.”

On April 27, 2026, the SEC filed a settled action against the Company and its founders, memorializing the previously disclosed settlement. SEC v. RYVYL Inc., et al., Case No. 3:26-cv-02672-WQH-MMP (S.D. Cal.). The proposed final judgment, approved by the Court on May 11, 2026, does not require the Company to pay any monetary penalty and fully resolves all claims regarding the Company.

 

  On June 22, 2023, a shareholder derivative complaint was filed in the United States District Court for the Southern District of California against certain of the Company’s current and/or former officers and directors (the “Hertel Defendants”), Christy Hertel, derivatively on behalf of RYVYL Inc., f/k/a GreenBox POS v. Ben Errez et al., Case No. 3:23-CV-01165-GPC-SBC. On August 4, 2023, a second shareholder derivative complaint was filed in the United States District Court for the Southern District of California against the Hertel Defendants, Marcus Gazaway, derivatively on behalf of RYVYL Inc., f/k/a GreenBox POS v. Ben Errez et al., Case No. 3:23-CV-01425-LAB-BLM. Both derivative complaints generally allege that the Hertel Defendants failed to implement adequate internal controls that would prevent false and misleading financial information from being published by the Company and that controlling shareholders participated in overpayment misconduct resulting in violations of Sections 10(b), 14(a) and 20 of the Exchange Act and breached their fiduciary duties and, purportedly on behalf of the Company. On April 2, 2024, the Court granted the parties’ joint motion for an order consolidating the Hertel and Gazaway cases under the caption In re RYVYL Inc. Derivative Litigation, Lead Case No. 3:23-CV-01165-GPC-SBC (S.D. Cal.). On May 6, 2024, the Court issued an order staying the action until after the final resolution of any motion to dismiss the securities class action detailed above. On May 1, 2024, a third nearly identical shareholder derivative complaint was filed in Clark County, Nevada by plaintiff Christina Brown, derivatively on behalf of RYVYL, Inc., v. Ben Errez et al., Case No. A-24-892382-C.

The Complaints seeks damages and contribution from the Hertel Defendants and a direction that the Company and the Hertel Defendants take actions to reform and improve corporate governance and internal procedures to comply with applicable laws. The Hertel Defendants deny all allegations of liability and intend to vigorously defend against all claims. On May 8, 2025, all parties reached an agreement in principle to fully resolve and settle all claims alleged in the lawsuits, and on September 30, 2025 they filed a Stipulation and Agreement of Settlement. On November 14, 2025, the Court granted the parties’ Joint Motion for Preliminary Approval of Settlement. On December 12, 2025, the parties filed a Joint Motion for Final Approval of Settlement, which was set for hearing on January 9, 2026. On January 13, 2026, the Court granted the Motion for Final Approval of the Settlement.

 

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  On June 25, 2024, J. Drew Byelick, a former Chief Financial Officer of the Company, filed a complaint against the Company in the United States District Court for the Southern District of California, Case No. ’24CV1096 JLS MSB. Mr. Byelick alleged breach of contract, fraudulent inducement of employment, along with intentional misrepresentation and concealment. The Company moved to dismiss the complaint for failure to state a claim and for other violations of the federal rules of civil procedure. The Court granted that motion on December 20, 2024, but permitted Mr. Byelick to file an amended complaint. Mr. Byelick filed his first amended complaint on January 19, 2025, asserting the same core claims. The Company moved to dismiss the first amended complaint for similar reasons as its motion to dismiss the original complaint. The Court granted that motion, in part, on April 18, 2025, ruling that Mr. Byelick was incapable of pleading certain claims (and dismissing those claims) but adequately pled others for purposes of a motion to dismiss only. Mr. Byelick subsequently filed a motion for partial summary judgment, which the Court denied in full as premature. Discovery is closed, but a trial date has not yet been set. Given the uncertainty of litigation, and the legal standards that must be met for success on the merits, the Company cannot predict the outcome at this time or estimate a reasonably possible loss or range of loss that may result from this action.

 

  On July 2, 2025, Plaintiff Kapcharge USA Inc. commenced a lawsuit against Defendants Ryvyl Inc., FFS Data Corporation, CML Management, LLC and Cynthia Lambert in San Diego Superior Court, Case No. 25CU035045C. This lawsuit stems from a dispute between Kapcharge on the one hand and FFS Data Corporation (“FFS”), and CML Management, LLC on the other hand, related to a payment processor agreement between Kapcharge and FFS. Kapcharge alleges causes of action for Conversion, Money Had and Received, Violation of Penal Code § 496, Restitution, Breach of Contract (against FFS, CML, and Lambert), and Unfair Competition in Violation of California Business and Professions Code § 17200 et seq. The Company denies all allegations of liability and intends to vigorously defend against all claims. Kapcharge filed a demurrer on August 28, 2025 related to the causes of action for Conversion and Violation of Penal Code § 496. On April 8, 2026, Kapcharge and Ryvyl filed a stipulation for stay of the proceedings and to continue the demurrer hearing. On May 12, 2026, the parties entered into a confidential settlement agreement, pursuant to which all claims are to be dismissed.

 

  On July 15, 2025, Plaintiff Rachael Mora filed a complaint against the Company, Fredi Nisan, and Does 1-20 in San Diego Superior Court. Ms. Mora is alleging sex discrimination and sexual favoritism in violation of the California Fair Employment and Housing Act (“FEHA”), and failure to prevent discrimination in violation of FEHA. Ms. Mora is also claiming retaliation and negligent supervision/negligent retention. Ms. Mora is seeking an unspecified amount of damages related to, among other things, payment of past and future lost wages, stock issuances, bonuses and benefits, compensatory damages, and general, economic, non-economic, and special damages. As the Company cannot predict the outcome of the matter, the probability of an outcome cannot be determined. The Company intends to vigorously defend against all claims.
     
  On December 29, 2025, Plaintiff Ellenoff, Grossman & Schole LLP (“EGS”), filed a complaint against the Company in the Supreme Court of the State of New York County of New York. EGS is alleging breach of contract, account stated, and quantum meriut. The Company denies liability and intends to vigorously defend against all claims. Given the stage of the lawsuit, the uncertainty of litigation, and the legal standards that must be met for success on the merits, the Company cannot predict the outcome at this time or estimate a reasonably possible loss or range of loss that may result from this action.

 

  On March 16, 2026, Plaintiff Ideyalabs, LLC (“Ideyalabs”), filed a complaint against the Company and two of its wholly owned subsidiaries in San Diego Superior Court, Case No. 26CU014745C. Ideyalabs alleged breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. The Company denies liability and intends to vigorously defend against all claims. Given the stage of the lawsuit, the uncertainty of litigation, and the legal standards that must be met for success on the merits, the Company cannot predict the outcome at this time or estimate a reasonably possible loss or range of loss that may result from this action.

 

15. Segment Reporting

 

Prior to June 1, 2025, the Company operated under two reportable segments, North America and International. As of June 1, 2025, the Company has completed the previously announced sale of its wholly owned subsidiary, Ryvyl EU, which comprised substantially all of the business previously reported under the Company’s International segment. Following the sale of Ryvyl EU, the Company views its operations and manages its business as one operating segment. As such, refer to our unaudited condensed consolidated financial statements for the Company’s results of its one operating segment.

 

16. Subsequent Events

 

Closing of Merger Agreement with RTB Digital, Inc.

 

On May 12, 2026, the Company completed its previously announced Merger Agreement, dated September 28, 2025, pursuant to which Merger Sub merged with an into RTB (the “Merger Transaction”), with RTB surviving as a wholly owned subsidiary of the Company (the “Surviving Corporation”). Pursuant to the terms of the Merger Agreement, RTB capital stock and certain other outstanding securities were exchanged for 11,893,886 shares of common stock of the Company, as consideration for the Merger Transaction. In addition, the Company assumed a number of securities of RTB, including an outstanding convertible loan note and interest due thereon, certain unexercised warrants and the RTB equity award plans. The Company will also issue 109,410 shares due under its investment banking agreement with Maxim Partners LLC. At the consummation of the Merger Transaction, the Company was renamed to RTB Digital, Inc.

 

Compliance with Nasdaq’s Stockholders’ Equity Rule 

 

On April 23, 2026, the Company received written notice (“Notice”) regarding its non-compliance of the minimum stockholders’ equity requirement of $2.5 Million for continued listing on the Nasdaq Capital Market under Rule 5550(b)(1) (the “Equity Rule”). The Notice stated that, unless the Company timely requested an appeal of the determination to the Nasdaq Hearings Panel (the “Panel”) by April 30, 2026, the Company’s Common Stock will be delisted from the Nasdaq Capital Market at the opening of business on May 4, 2026. The Company timely requested a hearing before the Panel on April 29, 2026, which stayed any suspension or delisting action pending the Panel’s decision. On May 13, 2026, the Company received a letter from the Panel indicating that, based on completion of the Merger Transaction, the matter is now moot, the previously scheduled hearing has been cancelled, and the Company’s Common Stock will continue to be listed and traded on the Nasdaq Capital Market.

 

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ITEM 2. MANAGEMENTS DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS

 

CAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS

 

Certain information included in this Quarterly Report on Form 10-Q (this “Report”) and other materials we have filed or may filed, as well as information included in our oral or written statements, contain “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended (the “Securities Act”) and Section 21E of the Securities Exchange Act of 1934, as amended (“the Exchange Act”). These statements are often identified by the use of words such as “anticipate,” “believe,” “continue,” “could,” “estimate,” “expect,” “intend,” “may,” “plan,” “project,” “will,” “would” or the negative or plural of these words, or similar expressions or variations. Such forward-looking statements are subject to a number of risks, uncertainties, assumptions, and other factors that could cause actual results and the timing of certain events to differ materially from future results expressed or implied by the forward-looking statements. Factors that could cause or contribute to such differences include, but are not limited to, those identified herein and in our other filings with the U.S. Securities and Exchange Commission (the “SEC”). You should not rely upon forward-looking statements as predictions of future events.

 

You should not place undue reliance on forward-looking statements. The cautionary statements set forth in this Report identify important matters or factors which you should consider in evaluating our forward-looking statements. These matters or factors include, among other things:

 

  our ability to effectively execute our business plans for the existing business of the Company and the new business plans of RTB Digital, Inc.;
     
  our ability to manage our expansion, growth and operating expenses,, including the integration of RTB Digital, Inc.’s business operations;
     
  our ability to comply with new regulations and compliance requirements that affect our business;
     
  our ability to evaluate and measure our business, prospects and performance metrics;
     
  our ability to compete and succeed in an evolving industry;
     
  our ability to respond and adapt to rapid changes in technology;
     
  risks in connection with completed or potential acquisitions, post-acquisition integrations, dispositions and other strategic growth opportunities and initiatives, including, without limitation, the proposed merger transaction with RTB Digital, Inc.;
     
  our need for, and ability to raise, additional capital to support the development and expansion of the business of RTB Digital, Inc.;
     
  our ability to maintain the listing of our common stock on the Nasdaq Capital Market or any other national securities exchange;
     
  our ability to maintain operations in the event our financial condition is negatively impacted as the result of litigation or actions of any governmental agencies against us or against any of our officers or directors; and
     
  our dependence on our proprietary technology, which we may not be able to protect.

 

The foregoing list of important factors does not include all such factors, nor necessarily present them in order of importance. In addition, you should consult other disclosures made by us (such as in our other filings with the SEC or in our press releases) for other factors that may cause actual results to differ materially from those projected by us. For additional information regarding risk factors that could affect our results, see “Risk Factors” beginning on page 9 of our 2025 Annual Report and “Risk Factors” on page 32 of this Report.

 

We intend the forward-looking statements to speak only as of the time of such statements and do not undertake or plan to update or revise such forward-looking statements as more information becomes available or to reflect changes in expectations, assumptions or results. We can give no assurance that such expectations or forward-looking statements will prove to be correct. An occurrence of, or any material adverse change in, one or more of the risk factors or risks and uncertainties referred to in this Report, could materially and adversely affect our results of operations, financial condition, liquidity, and future performance.

 

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In this Report, unless the context otherwise requires, all references to “the Company,” “we,” “our” and “us” refer collectively to RYVYL Inc., a Nevada corporation, and its subsidiaries.

 

Our Management’s Discussion and Analysis and Results of Operations contains not only statements that are historical facts, but also statements that are forward-looking. Forward-looking statements are, by their very nature, uncertain and risky. These risks and uncertainties include international, national and local general economic and market conditions; demographic changes; our ability to successfully make and integrate acquisitions; our ability to consummate the proposed merger transaction with RTB Digital, Inc.,; new product development and introduction; existing government regulations and changes in, or the failure to comply with, government regulations, including without limitation, our ability to maintain the listing of our common stock on the Nasdaq Capital Market; adverse publicity; competition; the loss of significant customers or suppliers; fluctuations and difficulty in forecasting operating results; changes in business strategy or development plans; business disruptions; the ability to attract and retain qualified personnel; the ability to protect technology; our ability to continue operating as a going concern; and other risks that might be detailed from time to time in our filings with the SEC.

 

Although the forward-looking statements in this Report reflect the good faith judgment of our management, such statements can only be based on facts and factors currently known by them. Consequently, and because forward-looking statements are inherently subject to risks and uncertainties, the actual results and outcomes may differ materially from the results and outcomes discussed in the forward-looking statements. You are urged to carefully review and consider the various disclosures made by us in this Report and in our other reports as we attempt to advise interested parties of the risks and factors that may affect our business, financial condition, results of operations and prospects.

 

Reverse Stock Split

 

On January 2, 2026, the Company effected a reverse stock split of the Company’s shares of common stock, par value $0.001 (“Common Stock”) outstanding at a ratio of one-for-thirty-five (the “Reverse Stock Split”). All share and per share information in this Report have been retroactively adjusted for all periods presented, unless otherwise indicated, to give effect to the reverse stock split, including the unaudited condensed consolidated financial statements and notes thereto.

 

Going Concern

 

Substantial doubt exists as to our ability to continue as a going concern based on the fact that we do not have adequate working capital to finance our day-to-day operations. As described in the Notes to the Financial Statements included in our 2025 Form 10-K and in this Report, respectively, for the years ended December 31, 2025, and 2024, and the three-month periods ended March 31, 2026, and 2025, there is a substantial doubt about our ability to continue as a going concern. For the year ended December 31, 2025, we had a net loss of $17.5 million, and as of December 31, 2025, we had an accumulated deficit of $196.9 million. For the three months ended March 31, 2026, we had net loss of $3.3 million, and as of March 31, 2026, we had an accumulated deficit of $200.2 million.

 

Recent Developments

 

Closing of Merger Agreement with RTB Digital, Inc.

 

On May 12, 2026, the Company completed its previously announced Merger Agreement, dated September 28, 2025, pursuant to which Merger Sub merged with an into RTB (the “Merger Transaction”), with RTB surviving as a wholly owned subsidiary of the Company (the “Surviving Corporation”). Pursuant to the terms of the Merger Agreement, RTB capital stock and certain other outstanding securities were exchanged for 11,893,886 shares of common stock of the Company, as consideration for the Merger Transaction. In addition, the Company assumed a number of securities of RTB, including an outstanding convertible loan note and interest due thereon, certain unexercised warrants and the RTB equity award plans. The Company will also issue 109,410 shares due under its investment banking agreement with Maxim Partners LLC. At the consummation of the Merger Transaction, the Company was renamed to RTB Digital, Inc.

 

Compliance with Nasdaq’s Stockholders’ Equity Rule

 

On April 23, 2026, the Company received written notice (“Notice”) regarding its non-compliance of the minimum stockholders’ equity requirement of $2.5 Million for continued listing on Nasdaq Capital Market under Rule 5550(b)(1) (the “Equity Rule”). The Notice stated that, unless the Company timely requested an appeal of the determination to the Nasdaq Hearings Panel (the “Panel”) by April 30, 2026, the Company’s Common Stock will be delisted from the Nasdaq Capital Market at the opening of business on May 4, 2026. The Company timely requested a hearing before the Panel on April 29, 2026, which stayed any suspension or delisting action pending the Panel’s decision. On May 13, 2026, the Company received a letter from the Panel indicating that, based on completion of the Merger Transaction, the matter is now moot, the previously scheduled hearing has been cancelled, and the Company’s Common Stock will continue to be listed and traded on the Nasdaq Capital Market.

 

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RESULTS OF OPERATIONS

 

Three Months Ended March 31, 2026 (Unaudited) Compared to Three Months March 31, 2025 (Unaudited):

(In thousands, except for percentages)

 

   Three Months Ended March 31,         
   2026   2025   Change 
       % of       % of         
   Amount   Revenue   Amount   Revenue   Amount   % 
Revenue  $2,535    100.0%  $2,769    100.0%  $(234)   (8.5)%
Cost of revenue   1,414    55.8%   1,400    50.6%   14    (1.0)%
Gross profit   1,121    44.2%   1,369    49.4%   (248)   (18.1)%
                               
Operating expenses:                              
Research and development   75    3.0%   448    16.2%   (373)   (83.1)%
General and administrative   767    30.3%   1,140    41.2%   (373)   (32.7)%
Payroll and payroll taxes   784    30.9%   2,623    94.7%   (1,839)   (70.1)%
Professional fees   1,184    46.7%   1,019    36.8%   165    16.2%
Stock compensation expense   376    14.8%   55    2.0%   321    583.6%
Depreciation and amortization   33    1.3%   82    3.0%   (49)   (59.8)%
Impairment of ROU asset   932    36.8%   -    -    932    NM(1)
Restructuring charges   13    0.5%   403    14.6%   (390)   (96.8)%
Total operating expenses   4,164    164.3%   5,770    208.4%   (1,606)   (27.8)%
Loss from operations   (3,043)   (120.0)%   (4,401)   (158.9)%   1,358    (30.9)%
                               
Other income (expense):                              
Interest expense   (6)   (0.2)%   (1,229)   (44.4)%   1,223    (99.5)%
Legal settlements expense   (200)   (7.9)%   -    -    (200)   NM(1)
Accretion of debt discount   -    -    (128)   (4.6)%   (128)   (100.0)%
Other (expense) income   (32)   (1.3)%   47    1.7%   (79)   (168.1)%
Total other (expense), net   (238)   (9.4)%   (1,310)   (47.3)%   1,072    (81.8)%
                               
Loss from continuing operations before income taxes   (3,281)   (129.4)%   (5,711)   (206.2)%   2,430    (42.5)%
Provision for income taxes   4    0.2%   141    5.1%   (137)   (97.2)%
Net loss from continuing operations   (3,285)   (129.6)%   (5,852)   (211.3)%   2,567    (43.9)%
Loss from discontinued operations, net of tax   -    -    3,096    111.8%   (3,096)   (100.0)%
Net loss  $(3,285)   (129.6)%  $(2,756)   (99.5)%  $(529)   (19.2)%

 

(1) Not Meaningful (“NM”)

 

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Revenue

 

Consolidated revenue decreased $0.3 million, or 8.5%, to $2.5 million for the three months ended March 31, 2026, from $2.8 million for the three months ended March 31, 2025. The decline in consolidated revenue was primarily driven by non-recurring revenue reported in the first quarter of 2025 with no similar non-recurring activity in the first quarter of 2026.

 

Cost of Revenue

 

Consolidated cost of revenue was relatively flat, as it increased $0.01 million, or 1.0%, to $1.41 million for the three months ended March 31, 2026, from $1.40 million for the three months ended March 31, 2025. Cost of revenue primarily consists of various fees charged by payment processors and fees paid to Independent Sales Organizations. Excluding the non-recurring revenue activity described above, the relatively flat year-over-year change in cost of revenue is in line with the year-over-year change in revenue.

 

Operating Expenses

 

Operating expenses decreased $1.6 million, or 27.9%, to $4.2 million for the three months ended March 31, 2026, from $5.8 million for the three months ended March 31, 2025. The decrease was primarily driven by decreases in research and development of $0.4 million, general and administrative expenses of $0.4 million, payroll and payroll taxes of $1.8 million due to lower headcount, and restructuring charges of $0.4 million. These decreases were partially offset by increases in professional fees of $0.2 million, stock-based compensation of $0.3 million, and impairment of ROU asset of $0.9 million.

 

Other Expense, Net

 

Other expense, net, decreased by $1.1 million, or 81.8%, to $0.2 million for the three months ended March 31, 2026, from $1.3 million for the three months ended March 31, 2025. The decrease was primarily driven by a decrease interest expense due to the retirement of the Company’s short-term note payable in the second quarter of 2025 that was partially offset by an increase in legal settlements expense of $0.2 million.

 

Liquidity and Capital Resources

 

The Company’s consolidated working capital at March 31, 2026 was $0.3 million, which included $5.5 million of cash and $0.3 million of restricted cash. Historically, the Company has financed its operations with proceeds from cash from operations, the sales of equity securities, and proceeds from its $100 million 2021 Convertible Note. Our material liquidity needs principally relate to working capital requirements.

 

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As further described in the subsection titled “Going Concern” above, since the first quarter of 2024, the Company’s liquidity has been adversely impacted by the loss of revenues stemming from the discontinuation of its QuickCard product. As also noted therein, through the first quarter of 2025, the Company had relied on the repatriation of profits from its European subsidiaries to cover some of its critical operating expenses, which it is no longer able to do following the sale of its wholly owned subsidiary, Ryvyl EU, effective June 1, 2025. Additionally, the Company’s remaining businesses continue to generate operating losses, which are expected to continue for the foreseeable future. As a result, management has determined that its cash balance as of March 31, 2026, will not be sufficient to fund the Company’s operations and capital needs for the next 12 months from the date of this Report. The Company’s ability to successfully address its liquidity shortfall is contingent upon the successful execution of management’s intended remediation plan over the next twelve months, which include, but are not limited to the following:

 

  raising additional capital through a variety of means, including private and public equity offerings and debt financings. The Company recently executed multiple successful capital raises in July 2025, October 2025, and December 2025, and continues to be actively engaged in discussions with multiple parties for additional funding opportunities;
     
  exploring strategic initiatives, including M&A opportunities, which on September 28, 2025, resulted in the Company, Ryvyl Merger Sub Inc., and RTB Digital, Inc., a Delaware corporation (“RTB”), entering into an Agreement and Plan of Merger pursuant to which Merger Sub merged with and into RTB (the “Merger”), effective May 12, 2026, with RTB surviving the Merger as a wholly-owned subsidiary of the Company;
     
  continued execution of its accelerated business development efforts to drive volumes in diversified business verticals with the Company’s other products; and
     
  continued implementation of cost control measures to more effectively manage spending and further right-sizing the organization, where appropriate;

 

Management has assessed that its intended plan described above, if successfully implemented, is appropriate and sufficient to address its liquidity shortfall, and to provide funds to cover operations for the next 12 months from the date of the issuance of this Report. However, there can be no assurance that we will be successful in implementing our plan, that our projections of our future capital needs will prove accurate, or that any additional funding will be available on a timely manner, on favorable terms, or be sufficient to continue our operations. The condensed consolidated financial statements do not include any adjustments that might be necessary if the Company is unable to continue as a going concern.

 

Cash Flow Activities

 

The following table summarizes cash flow activities for the periods presented (in thousands):

 

   Three Months Ended
March 31,
 
   2026   2025 
Cash used in operating activities  $(2,065)  $(15,581)
Cash used in investing activities   -    (1,269)
Cash provided by financing activities   391    1,998 
Effects of exchange rates on cash and restricted cash   -    312 
Net decrease in cash and restricted cash  $(1,674)  $(14,540)

 

Operating Activities – Net cash used in operating activities for the three months ended March 31, 2026, and 2025, was $2.1 million and $15.6 million, respectively. The net cash used by operating activities was primarily driven by the timing of settlement of assets and liabilities.

 

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Investing Activities – Net cash used in investing activities for the three months ended March 31, 2026, was $0.0 million, while cash used in investing activities for the three months ended March 31, 2025, was $1.3 million. The net cash used in investing activities for the three months ended March 31, 2025, primarily relates to capitalized software development costs.

 

Financing Activities – Net cash provided by financing activities during the three months ended March 31, 2026, was $0.4 million and was primarily driven by proceeds from common warrant exercises during the quarter. Net cash provided by financing activities for the three months ended March 31, 2025, was primarily driven by proceeds from a short-term note payable obtained by the Company in connection with the January 2025 SPA, partially offset by the partial repayment of the convertible note that was fully retired during the second quarter of 2025.

 

Critical Accounting Estimates

 

We prepare our consolidated financial statements in accordance with accounting principles generally accepted in the U.S. (“GAAP”). GAAP requires us to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the consolidated financial statements and the reported amounts of revenues and expenses during the reporting period. We base our estimates on historical experience, anticipated future trends, and other assumptions we believe to be reasonable under the circumstances. Because these estimates require significant judgment, our actual results may differ materially from our estimates.

 

ITEM 3. QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK

 

We are a smaller reporting company as defined by Rule 12b-2 of the Exchange Act and are not required to provide the information otherwise required under this Item.

 

ITEM 4. CONTROLS AND PROCEDURES

 

Evaluation of Disclosure Controls and Procedures

 

Our management is responsible for establishing and maintaining adequate disclosure controls and procedures over financial reporting, as defined in Rules 13a-15(f) and 15d-15(f) of the Exchange Act, as amended. Our management, under the supervision and with the participation of our Interim Chief Executive Officer / Chief Financial Officer, conducted an evaluation of the effectiveness of our disclosure controls and procedures over financial reporting as of March 31, 2026, based on the framework in Internal Control-Integrated Framework (2013) issued by the Committee of Sponsoring Organizations of the Treadway Commission. Management recognizes that any controls and procedures, no matter how well designed and operated, can provide only reasonable assurance of achieving their objectives and management necessarily applies its judgment in evaluating the cost-benefit relationship of possible controls and procedures. Based on that evaluation, our management concluded that, as of March 31, 2026, our disclosure controls and procedures were effective at the reasonable assurance level.

 

Changes in Internal Control Over Financial Reporting

 

There were no changes in our internal control over financial reporting, as defined in the Exchange Act Rule 13a-15(f), that occurred during the three months ended March 31, 2026, which have materially affected, or are reasonably likely to materially affect, our internal control over financial reporting.

 

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PART II - OTHER INFORMATION

 

ITEM 1. LEGAL PROCEEDINGS

 

From time-to-time, the Company is involved in legal proceedings. The following is a summary of our current outstanding litigation. Note that references to GreenBox POS are for historical purposes. GreenBox POS changed its name to RYVYL Inc. on October 13, 2022.

 

  On December 12, 2022, Jacqueline Dollar (a/k/a Jacqueline Reynolds), former Chief Marketing Officer of the Company, filed a complaint against the Company, Fredi Nisan, and Does 1-20 in San Diego Superior Court. Ms. Dollar is alleging she was undercompensated compared to her male counterparts and retaliated against after raising concerns to management resulting in sex discrimination in violation of the California Fair Employment and Housing Act (“FEHA”) and failure to prevent discrimination in violation of FEHA. Ms. Dollar is also claiming intentional infliction of emotional distress. Ms. Dollar is seeking an unspecified amount of damages related to, among other things, payment of past and future lost wages, stock issuances, bonuses and benefits, compensatory damages, and general, economic, non-economic, and special damages. On January 21, 2026, Ms. Dollar filed a notice of conditional settlement of entire case with the Court. The parties have since entered into a confidential settlement agreement, pursuant to which all claims are to be dismissed upon satisfaction of all settlement terms..

 

  As previously disclosed in the Company’s 10-Q for the period ending March 31, 2025, as filed on May 20, 2025, since December 2022, the Company has been cooperating with an ongoing investigation by the SEC regarding possible violations of the federal securities laws. Following discussions with the Staff of the SEC, the Company made certain disclosures addressing the concerns regarding the Company’s 2020 Registration Statement on Form S-1 filed on December 23, 2020 and subsequent reporting, which are contained in the Company’s Quarterly Report on Form 10-Q for the period ended March 31, 2025 under Part I, Note 14, Commitments and Contingencies, and Part I, Item 2. Management’s Discussion and Analysis of Financial Condition and Results of Operations – Recent Developments, and under the Part II section titled “Legal Proceedings.”

On April 27, 2026, the SEC filed a settled action against the Company and its founders, memorializing the previously disclosed settlement. SEC v. RYVYL Inc., et al., Case No. 3:26-cv-02672-WQH-MMP (S.D. Cal.). The proposed final judgment, approved by the Court on May 11, 2026, does not require the Company to pay any monetary penalty and, fully resolves all claims regarding the Company.

 

  On June 22, 2023, a shareholder derivative complaint was filed in the United States District Court for the Southern District of California against certain of the Company’s current and/or former officers and directors (the “Hertel Defendants”), Christy Hertel, derivatively on behalf of RYVYL Inc., f/k/a GreenBox POS v. Ben Errez et al., Case No. 3:23-CV-01165-GPC-SBC. On August 4, 2023, a second shareholder derivative complaint was filed in the United States District Court for the Southern District of California against the Hertel Defendants, Marcus Gazaway, derivatively on behalf of RYVYL Inc., f/k/a GreenBox POS v. Ben Errez et al., Case No. 3:23-CV-01425-LAB-BLM. Both derivative complaints generally allege that the Hertel Defendants failed to implement adequate internal controls that would prevent false and misleading financial information from being published by the Company and that controlling shareholders participated in overpayment misconduct resulting in violations of Sections 10(b), 14(a) and 20 of the Exchange Act and breached their fiduciary duties and, purportedly on behalf of the Company. On April 2, 2024, the Court granted the parties’ joint motion for an order consolidating the Hertel and Gazaway cases under the caption In re RYVYL Inc. Derivative Litigation, Lead Case No. 3:23-CV-01165-GPC-SBC (S.D. Cal.). On May 6, 2024, the Court issued an order staying the action until after the final resolution of any motion to dismiss the securities class action detailed above. On May 1, 2024, a third nearly identical shareholder derivative complaint was filed in Clark County, Nevada by plaintiff Christina Brown, derivatively on behalf of RYVYL, Inc., v. Ben Errez et al., Case No. A-24-892382-C.

The Complaints seeks damages and contribution from the Hertel Defendants and a direction that the Company and the Hertel Defendants take actions to reform and improve corporate governance and internal procedures to comply with applicable laws. The Hertel Defendants deny all allegations of liability and intend to vigorously defend against all claims. On May 8, 2025, all parties reached an agreement in principle to fully resolve and settle all claims alleged in the lawsuits, and on September 30, 2025 they filed a Stipulation and Agreement of Settlement. On November 14, 2025, the Court granted the parties’ Joint Motion for Preliminary Approval of Settlement. On December 12, 2025, the parties filed a Joint Motion for Final Approval of Settlement, which was set for hearing on January 9, 2026. On January 13, 2026, the Court granted the Motion for Final Approval of the Settlement.

 

  On June 25, 2024, J. Drew Byelick, a former Chief Financial Officer of the Company, filed a complaint against the Company in the United States District Court for the Southern District of California, Case No. ’24CV1096 JLS MSB. Mr. Byelick alleged breach of contract, fraudulent inducement of employment, along with intentional misrepresentation and concealment. The Company moved to dismiss the complaint for failure to state a claim and for other violations of the federal rules of civil procedure. The Court granted that motion on December 20, 2024, but permitted Mr. Byelick to file an amended complaint. Mr. Byelick filed his first amended complaint on January 19, 2025, asserting the same core claims. The Company moved to dismiss the first amended complaint for similar reasons as its motion to dismiss the original complaint. The Court granted that motion, in part, on April 18, 2025, ruling that Mr. Byelick was incapable of pleading certain claims (and dismissing those claims) but adequately pled others for purposes of a motion to dismiss only. Mr. Byelick subsequently filed a motion for partial summary judgment, which the Court denied in full as premature. Discovery is closed, but trial date has not yet been set. Given the uncertainty of litigation, and the legal standards that must be met for success on the merits, the Company cannot predict the outcome at this time or estimate a reasonably possible loss or range of loss that may result from this action.

 

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  On July 2, 2025, Plaintiff Kapcharge USA Inc. commenced a lawsuit against Defendants Ryvyl Inc., FFS Data Corporation, CML Management, LLC and Cynthia Lambert in San Diego Superior Court, Case No. 25CU035045C. This lawsuit stems from a dispute between Kapcharge on the one hand and FFS Data Corporation (“FFS”), and CML Management, LLC on the other hand, related to a payment processor agreement between Kapcharge and FFS. Kapcharge alleges causes of action for Conversion, Money Had and Received, Violation of Penal Code § 496, Restitution, Breach of Contract (against FFS, CML, and Lambert), and Unfair Competition in Violation of California Business and Professions Code § 17200 et seq. The Company denies all allegations of liability and intends to vigorously defend against all claims.  Kapcharge filed a demurrer on August 28, 2025 related to the causes of action for Conversion and Violation of Penal Code § 496. On April 8, 2026, Kapcharge and Ryvyl filed a stipulation for stay of the proceedings and to continue the demurrer hearing. On May 12, 2026, the parties entered into a confidential settlement agreement, pursuant to which all claims are to be dismissed.

 

  On July 15, 2025, Plaintiff Rachael Mora filed a complaint against the Company, Fredi Nisan, and Does 1-20 in San Diego Superior Court. Ms. Mora is alleging sex discrimination and sexual favoritism in violation of the California Fair Employment and Housing Act (“FEHA”), and failure to prevent discrimination in violation of FEHA. Ms. Mora is also claiming retaliation and negligent supervision/negligent retention. Ms. Mora is seeking an unspecified amount of damages related to, among other things, payment of past and future lost wages, stock issuances, bonuses and benefits, compensatory damages, and general, economic, non-economic, and special damages. As the Company cannot predict the outcome of the matter, the probability of an outcome cannot be determined. The Company intends to vigorously defend against all claims.
     
  On December 29, 2025, Plaintiff Ellenoff, Grossman & Schole LLP (“EGS”), filed a complaint against the Company in the Supreme Court of the State of New York County of New York. EGS is alleging breach of contract, account stated, and quantum meriut. The Company denies liability and intends to vigorously defend against all claims. Given the stage of the lawsuit, the uncertainty of litigation, and the legal standards that must be met for success on the merits, the Company cannot predict the outcome at this time or estimate a reasonably possible loss or range of loss that may result from this action.

 

  On March 16, 2026, Plaintiff Ideyalabs, LLC (“Ideyalabs”), filed a complaint against the Company and two of its wholly owned subsidiaries in San Diego Superior Court, Case No. 26CU014745C. Ideyalabs alleged breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. The Company denies liability and intends to vigorously defend against all claims. Given the stage of the lawsuit, the uncertainty of litigation, and the legal standards that must be met for success on the merits, the Company cannot predict the outcome at this time or estimate a reasonably possible loss or range of loss that may result from this action.

 

ITEM 1A. RISK FACTORS

 

Investors are directed to review the risk factors that are set forth in the Proxy Statement of the Company dated February 9, 2026, relating to the business of RTB Digital, Inc. starting on page 40 thereof. There have been no material changes with respect to risk factors previously disclosed in the Company’s 2025 Annual Report and indicated herein.

 

ITEM 2. UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS

 

None.

 

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ITEM 3. DEFAULTS UPON SENIOR SECURITIES

 

None.

 

ITEM 4. MINE SAFETY DISCLOSURES

 

Not applicable.

 

ITEM 5. OTHER INFORMATION

 

Trading Arrangements

 

During the quarterly period ended March 31, 2026, none of our directors or officers (as defined in Rule 16a-1(f) promulgated under the Exchange Act) adopted or terminated any “Rule 10b5-1 trading arrangement” or any “non-Rule 10b5-1 trading arrangement,” as each term is defined in Item 408 of Regulation S-K.

 

ITEM 6. EXHIBITS

 

Exhibit       Reference   Filed or Furnished
Number   Exhibit Description    Form   Exhibit   Filing Date   Herewith
31.1   Certification of Principal Executive Officer and Principal Financial Officer Pursuant to Exchange Act Rule 13a-14(a), As Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002               X
32.1*   Certification of Principal Executive Officer and Principal Financial Officer pursuant to 18 U.S.C. Section 1350, As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act 2002               X
101.INS   Inline XBRL Instance Document               X
101.SCH   Inline XBRL Taxonomy Extension Schema               X
101.CAL   Inline XBRL Taxonomy Extension Calculation Linkbase               X
101.DEF   Inline XBRL Taxonomy Extension Definition Linkbase               X
101.LAB   Inline XBRL Taxonomy Extension Label Linkbase               X
101.PRE   Inline XBRL Taxonomy Extension Presentation Linkbase               X
104   Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101)                

 

* In accordance with SEC Release 33-8238, Exhibit 32.1 is being furnished and not filed.

 

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SIGNATURES

 

In accordance with the requirements of the Exchange Act, the registrant caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

 

  RTB DIGITAL, INC.
  (Registrant)
     
Date: May 14, 2026 By: /s/ George Oliva
    George Oliva
   

Interim Chief Executive Officer and
Chief Financial Officer

(Principal Executive Officer and
Principal Financial Officer)

 

34

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