Vivos Therapeutics, Inc. (Nasdaq: VVOS) announced on October 20, 2026, that it has received confirmation from The Nasdaq Stock Market LLC that the company currently complies with the exchange's continued listing requirements. Specifically, the Listing Qualifications staff determined that Vivos meets the minimum stockholders' equity requirement of Nasdaq Listing Rule 5550(b)(1), which mandates a minimum of $2.5 million in stockholders' equity.
The compliance determination was based on the Company's Current Report on Form 8-K filed on October 19, 2026. According to the filing, the Company previously received a deficiency notice in April 2026 indicating it did not meet the necessary financial metrics to remain listed. The Company addressed this by closing an acquisition involving an 11% fully diluted equity interest in SOD Sciences, Inc., and a 50% undivided co-ownership interest in SOD's pseudohypoxia early-warning test.
To complete this transaction, Vivos issued 12,000 shares of Series C Convertible Preferred Stock with an aggregate stated value of $12,000,000. The preferred stock is convertible at a fixed price of $0.15 per share into up to 80,000,000 shares of common stock, subject to a 19.99% exchange cap pending stockholder approval. The Company stated that this issuance is expected to increase stockholders' equity by more than $10 million, subject to final accounting review by its independent registered public accounting firm.
The staff letter noted that while the Company is currently compliant, it must demonstrate continued compliance upon the filing of its next periodic report. Failure to do so could result in delisting, at which point the Company would receive written notification and could appeal the determination to a Nasdaq Hearings Panel.
