VVOS boosts ATM capacity via prospectus supplement with Wainwright

Rhea-AI Filing Summary

Vivos Therapeutics (VVOS) reported that on October 24, 2025 it filed a prospectus supplement to increase the aggregate offering price of shares issuable under its At The Market Offering Agreement with H.C. Wainwright & Co., dated February 14, 2025. This update expands the capacity available for potential future issuances of common stock through the ATM program after effectiveness as permitted by the prospectus supplement.

The company also filed a legal opinion from Ellenoff Grossman & Schole LLP as Exhibit 5.1, with the related consent included in the same exhibit. VVOS’s common stock trades on The NASDAQ Stock Market LLC.

Insights

Capital markets counsel

Administrative increase to ATM capacity; neutral impact.

Vivos Therapeutics filed a prospectus supplement to raise the aggregate offering capacity under its ATM with H.C. Wainwright & Co.. An ATM allows the issuer to sell small amounts of common stock into the market from time to time, using the shelf prospectus framework.

The filing includes an Exhibit 5.1 legality opinion from Ellenoff Grossman & Schole LLP, which is customary for registered offerings. Specific amounts, pricing, timing, and proceeds are not detailed in the excerpt, so actual issuance activity will depend on future company decisions and market conditions.

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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 OR 15(d) of the

Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): October 24, 2025

Vivos Therapeutics, Inc.

(Exact name of registrant as specified in its charter)

Delaware		001-39796		81-3224056
(State or other jurisdiction		(Commission		(I.R.S. Employer
of incorporation)		File Number)		Identification No.)

7921 Southpark Plaza, Suite 210

Littleton, Colorado 80120

(Address of principal executive offices) (Zip Code)

(720) 399-9322

(Registrant’s telephone number, including area code)

N/A

(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

☐	Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
☐	Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
☐	Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
☐	Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

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

Title of each class		Trading Symbol(s)		Name of each exchange on which registered
Common Stock, par value $0.0001 per share		VVOS		The NASDAQ Stock Market LLC

Indicate by check mark whether the registrant is an emerging growth company as defined in as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company ☒

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. ☐

Item 8.01 Other Information

On October 24, 2025, Vivos Therapeutics, Inc. (the “Company”) filed a prospectus supplement to increase the aggregate offering price of the shares (the “Shares”) of the Company’s common stock, par value $0.0001 per share, issuable pursuant to the At The Market Offering Agreement between the Company and H.C. Wainwright & Co., dated February 14, 2025.

Attached hereto as Exhibit 5.1 to this Current Report is the opinion of Ellenoff Grossman & Schole LLP relating to the legality of the issuance and sale of the Shares.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

Exhibit No.		Description
5.1		Opinion of Ellenoff Grossman & Schole LLP
23.1		Consent of Ellenoff Grossman & Schole LLP (included in Exhibit 5.1)
104		Cover Page Interactive Data File (embedded within the Inline XBRL document).

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	VIVOS THERAPEUTICS, INC.
Dated: October 24, 2025	By:	/s/ Bradford Amman
	Name:	Bradford Amman
	Title:	Chief Financial Officer

FAQ

What did Vivos Therapeutics (VVOS) announce in this 8-K?

The company filed a prospectus supplement to increase the aggregate offering price of common shares issuable under its At The Market Offering Agreement with H.C. Wainwright & Co.

When did VVOS file the prospectus supplement?

On October 24, 2025.

Which sales agent is associated with VVOS’s ATM program?

H.C. Wainwright & Co., under an agreement dated February 14, 2025.

What exhibits accompanied the filing?

Exhibit 5.1 is the legal opinion of Ellenoff Grossman & Schole LLP, and Exhibit 23.1 is the related consent included within Exhibit 5.1.

What securities are covered by the ATM program?

Shares of Vivos Therapeutics’ common stock, par value $0.0001 per share.

On which exchange does VVOS trade?

The NASDAQ Stock Market LLC.