Vivos Therapeutics, Inc. (VVOS): Entry into a Material Definitive Agreement
Vivos Therapeutics, Inc. (VVOS) filed an SEC Form 8-K — Entry into a Material Definitive Agreement. EX-10.1 3 ex10-1.htm EX-10.1 Exhibit 10.1 THE EXCHANGE CONTEMPLATED HEREIN IS INTENDED TO COMPORT WITH THE REQUIREMENTS OF SECTION 3(a)(9) OF THE SECURITIES ACT OF 1933, AS AMENDED. Exchange Agreement This Exchange Agreement (this “ Agreement ”) is executed as of June 5, 2026 by
How this was made
The 30-second read
Why it matters
This creates a financing-dependent pathway to convert secured debt into Series A preferred and common shares, with an outside date (June 15, 2026) that can terminate the agreement if the required common-stock financings do not occur.
Market read
Traders should focus on execution risk for the $2.6M first tranche and the resulting dilution/valuation impact from the exchange shares and Series A preferred issuance.
What to watch
The agreement’s share issuance is explicitly tied to the Nasdaq minimum price on the closing date, so the realized dilution depends on the stock’s price at financing close, not just the stated dollar amounts.
Background
The 8-K reports a material definitive exchange agreement between Vivos Therapeutics and Streeterville Capital to partition an existing secured promissory note and exchange it for newly issued equity upon specified financing tranches.
Ticker impact
Vivos Therapeutics entered an exchange agreement to partition a $8.225M secured note and convert it into Series A preferred plus common shares.
Near-term volatility likely around the $2.6M first-tranche financing deadline (June 15, 2026) and any subsequent dilution from the exchange shares.
The 8-K specifies automatic partitioning and issuance mechanics contingent on tranche closings; failure to meet the outside date terminates the agreement, creating binary financing/dilution expectations.
Market effects
For small-cap biotech, debt-to-equity exchanges contingent on equity financings can signal ongoing capital needs and raise dilution expectations across the peer group.
Primarily impacts US small-cap biotech sentiment; limited direct regional spillover beyond Nasdaq microcaps.
Low global macro relevance; mostly company-specific capital structure and financing execution risk.
Counterpoint
If the first-tranche financing closes on time, the exchange could reduce near-term cash burden versus pure debt service, potentially stabilizing the balance-sheet narrative.
Key entities
- issuerVivos Therapeutics, Inc.
Borrower; subject of the exchange agreement and equity issuance mechanics.
- lenderStreeterville Capital, LLC
Lender under the original note purchase and counterparty to the exchange agreement.
