Page 1

( mark one ) ANNUAL REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31 , 2020 OR UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington , D.C. 20549 FORM 10 - K □ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number . 001-39946 AGRIFY CORPORATION ( Exact Name of Registrant as Specified in Its Charter ) Nevada ( State or other jurisdiction of incorporation or organization ) 101 Middlesex Turnpike Suite 6 , PMB 326 Burlington , MA 01803 ( Address of principal executive offices ) Large accelerated filer Non - accelerated filer ☐ 30-0943453 ( Title of Class ) Common Stock , par value $ 0.001 per share Securities Registered Pursuant to Section 12 ( g ) of the Act : None . Indicate by check mark if the registrant is a well - known seasoned issuer , as defined in Rule 405 of the Securities Act . Yes No Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or 15 ( d ) of the Exchange Act . Yes No Indicate by check mark whether the registrant ( 1 ) has filed all reports required to be filed Section 13 or 15 ( d ) of the Exchange Act during the preceding 12 months ( or for such shorter period that the registrant was required to file such reports ) ; and ( 2 ) has been subject to such filing requirements for the past 90 days . Yes No | ( I.R.S. Employer Identification No. ) ( 617 ) 896-5243 ( Registrant's telephone number , including area code ) Securities Registered Pursuant to Section 12 ( b ) of the Act : Trading Symbol ( s ) AGFY ( Name of exchange on which registered ) NASDAQ Capital Market Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site , if any , every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S - T ( § 232.405 of this chapter ) during the preceding 12 months ( or for such shorter period that the registrant was required to submit and post such files ) . Yes No Indicate by check mark whether the registrant is a large accelerated filer , an accelerated filer , or a non - accelerated filer , or a smaller reporting company . See definition of “ large accelerated filer , ” “ accelerated filer " " smaller reporting company ” and “ emerging growth company " in Rule 12b - 2 of the Exchange Act . Accelerated filer Smaller reporting company 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 . □ Indicate by check mark whether the registrant has filed a report on and attestation to its management's assessment of the effectiveness of its internal control over financial reporting under Section 404 ( b ) of the Sarbanes - Oxley Act ( 15 U.S.C. 7262 ( b ) ) by the registered public accounting firm that prepared or issued its audit report . Indicate by check mark whether the registrant is a shell company ( as defined in Rule 12b - 2 of the Exchange Act ) . Yes No The registrant was not a public company as of June 30 , 2020 , the last business day of its most recently completed second fiscal quarter and therefore , cannot calculate the aggregate market value of its common equity held by non - affiliates as of such date . The registrant's common stock began trading on the NASDAQ Capital Market on January 28 , 2021 . There were a total of 20,295,134 shares of the registrant's common stock , par value $ 0.001 per share , outstanding as of March 29 , 2021 . DOCUMENTS INCORPORATED BY REFERENCE : None .