RYTHM, Inc.

Agrify Corporation (the “Company”) is unable to file its Form 10-Q for the period ended March 31, 2024 (the “Form 10-Q”) in a timely manner without unreasonable effort and expense due to unanticipated delays experienced in completing the audit of the Company’s financial statements and other disclosures in the Form 10-Q. As a result, the Company’s independent registered public accounting firm Marcum LLP (“Marcum”) is still in the process of completing its review of the financial statements for the period ended March 31, 2024 to be incorporated in the Form 10-Q and to complete its assessment of the Company’s internal control over financial reporting. The Company presently anticipates that it will file the Form 10-Q before the fifth calendar day following the prescribed due date. 2

Agrify Corporation (the “Company”) is unable to file its Form 10-K for the year ended December 31, 2023 (the “Form 10-K”) in a timely manner without unreasonable effort and expense due to unanticipated delays experienced in completing the audit of the Company’s financial statements and other disclosures in the Form 10-K. As a result, the Company is still in the process of compiling required information to complete the Form 10-K and requires additional time to complete its review of the financial statements for the year ended December 31, 2023 to be incorporated in the Form 10-K and to complete its assessment of the Company’s internal control over financial reporting. The Company presently anticipates that it will file the Form 10-K before the fifteenth calendar day following the prescribed due date

As previously disclosed by Agrify Corporation (the “Company”) in its Current Report on Form 8-K, as filed on April 17, 2023 (the “Prior 8-K”), the Audit Committee of the Company’s Board of Directors (the “Audit Committee”) determined that it was necessary to restate the Company’s unaudited condensed consolidated interim financial statements as of and for the fiscal periods ended March 31, 2022, June 30, 2022 and September 30, 2022 included in the Quarterly Reports on Form 10-Q with respect to such periods (such restatements, the “Restatements”). The Restatements were made as a result of errors in the accounting for warrants previously issued by the Company. Specifically, the Audit Committee concluded 15,079 warrants issued in a private placement on January 28, 2022 and 34,406 warrants issued in a private placement on March 23, 2022 (collectively, the “Warrants”) should have been classified as a liability measured at fair value, with changes in fair value each period reported in earnings, rather than as a component of equity. The change in fair value of the Warrants was a non-cash charge and was reflected in the Company’s statement of operations . The Restatements were filed on October 2, 2023. As a result of delays due to the Restatements described above, the Company is unable to complete its unaudited condensed consolidated financial statements and file its Quarterly Report on Form 10-Q for the quarter ended September 30, 2023 (the “Form 10-Q”) by the prescribed due date for such filing. The Company plans to file the Form 10-Q as soon as practicable. 2

As previously disclosed by Agrify Corporation (the “Company”) in its Current Report on Form 8-K, as filed on April 17, 2023 (the “Prior 8-K”), the Audit Committee of the Company’s Board of Directors (the “Audit Committee”) has determined that it is necessary to restate the Company’s unaudited condensed consolidated interim financial statements as of and for the fiscal periods ended March 31, 2022, June 30, 2022 and September 30, 2022 included in the Quarterly Reports on Form 10-Q with respect to such periods (such restatements, the “Restatements”). The Restatements are being made as a result of errors in the accounting for warrants previously issued by the Company. Specifically, the Audit Committee concluded 15,079 warrants issued in a private placement on January 28, 2022 and 34,406 warrants issued in a private placement on March 23, 2022 (collectively, the “Warrants”) should have been classified as a liability measured at fair value, with changes in fair value each period reported in earnings, rather than as a component of equity. The change in fair value of the Warrants is a non-cash charge and will be reflected in the Company’s statement of operations . As a result of the Restatements described above, the Company is unable to complete its unaudited condensed consolidated financial statements and file its Quarterly Report on Form 10-Q for the quarter ended June 30, 2023 (the “Form 10-Q”) by the prescribed due date for such filing. The Company plans to file the Form 10-Q as soon as practicable following the completion of the Restatements. 2

As previously disclosed by Agrify Corporation (the “Company”) in its Current Report on Form 8-K, as filed on April 17, 2023 (the “Prior 8-K”), the Audit Committee of the Company’s Board of Directors (the “Audit Committee”) has determined that it is necessary to restate the Company’s unaudited condensed consolidated interim financial statements as of and for the fiscal periods ended March 31, 2022, June 30, 2022 and September 30, 2022 included in the Quarterly Reports on Form 10-Q with respect to such periods (such restatements, the “Restatements”). The Restatements are being made as a result of errors in the accounting for warrants previously issued by the Company. Specifically, the Audit Committee concluded 301,575 warrants issued in a private placement on January 28, 2022 and 688,111 warrants issued in a private placement on March 23, 2022 (collectively, the “Warrants”) should have been classified as a liability measured at fair value, with changes in fair value each period reported in earnings, rather than as a component of equity. The change in fair value of the Warrants is a non-cash charge and will be reflected in the Company’s statement of operations . As a result of the Restatements described above, the Company is unable to complete its unaudited condensed consolidated financial statements and file its Quarterly Report on Form 10-Q for the quarter ended March 31, 2023 (the “Form 10-Q”) by the prescribed due date for such filing. The Company plans to file the Form 10-Q as soon as practicable following the completion of the Restatements

Agrify Corporation (the “Company”) is unable to file its Form 10-K for the year ended December 31, 2022 (the “Form 10-K”) in a timely manner without unreasonable effort and expense due to unanticipated delays experienced by the Company in completing its financial statements and other disclosures in the Form 10-K, primarily due to an ongoing assessment of the potential reclassification of warrants previously issued by the Company from a component equity to a derivative warrant liability, loans receivable reserve assumptions and inventory reserve assumptions. As a result, the Company is still in the process of compiling required information to complete the Form 10-K and requires additional time to complete its review of the financial statements for the year ended December 31, 2022 to be incorporated in the Form 10-K and to complete its assessment of the Company’s internal control over financial reporting. The Company presently anticipates that it will file the Form 10-K before the fifteenth calendar day following the prescribed due date

The Annual Report on Form 10-K of Agrify Corporation (the “Company”) could not be filed within the prescribed time period due to the fact that the Company was unable to finalize its financial results without unreasonable expense or effort. As a result, the Company could not solicit and obtain the necessary review of the Form 10-K in a timely fashion prior to the due date of the report