Vivos Therapeutics, Inc.

This Current Report on Form 8-K contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including statements regarding the satisfaction of the closing conditions and the timing and occurrence of the Closing, the expected benefits of the transaction with SOD, the negotiation and execution of the Joint Marketing Agreement, the Sleep Center Agreement and the definitive channel agreements, the anticipated accounting treatment of the transaction, the Company’s compliance with Nasdaq continued listing requirements, the proposed reverse stock split, and the stockholder approval to be sought under Nasdaq Listing Rule 5635(a). Forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially, including the risk that the closing conditions are not satisfied and the transaction does not close, that the anticipated benefits of the transaction are not realized, that the definitive post-closing agreements are not executed on the anticipated terms or at all, that the Company’s independent registered public accounting firm or Nasdaq reaches conclusions different from those anticipated, that stockholder approval is not obtained, and the other risks described in the Company’s filings with the Securities and Exchange Commission, including its most recent Annual Report on Form 10-K and Quarterly Reports on Form 10-Q. The Company undertakes no obligation to update forward-looking statements except as required by law.

Item 9.01 Financial Statements and Exhibits.