Apyx Medical Corporation Loss Submission Form

(1) a significant number of Apyx’s Advanced Energy products were used for off-label indications; (2) such off-label uses led to an increase in the number of medical device reports filed by Apyx reporting serious adverse events; (3) as a result, the Company was reasonably likely to incur regulatory scrutiny; (4) as a result of the foregoing, the Company’s financial results would be adversely impacted; and (5) as a result of the foregoing, defendants’ positive statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis.