0001193125-22-207645 Sample Contracts

SUBSCRIPTION AGREEMENT
Subscription Agreement • August 1st, 2022 • TherapeuticsMD, Inc. • Pharmaceutical preparations • Nevada

This Subscription Agreement is entered into and dated as of July 29, 2022 (this “Agreement”), by and among TherapeuticsMD, Inc., a Nevada corporation with offices located at 951 Yamato Road, Suite 220, Boca Raton, FL 33431 (the “Company”), and Rubric Capital Management LP (on behalf of certain of its managed or sub-managed funds and accounts, the “Subscriber”). Capitalized terms not defined below shall have the meaning as set forth in Section 1.1.

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SUBSCRIPTION AGREEMENT
Subscription Agreement • August 1st, 2022 • TherapeuticsMD, Inc. • Pharmaceutical preparations • Nevada

This Subscription Agreement is entered into and dated as of July 29, 2022 (this “Agreement”), by and among TherapeuticsMD, Inc., a Nevada corporation with offices located at 951 Yamato Road, Suite 220, Boca Raton, FL 33431 (the “Company”), and the Subscribers identified on the Schedule of Subscribers attached hereto (each, a “Subscriber” and, together, the “Subscribers”). Capitalized terms not defined below shall have the meaning as set forth in Section 1.1.

AMENDMENT NO. 16 TO FINANCING AGREEMENT
Financing Agreement • August 1st, 2022 • TherapeuticsMD, Inc. • Pharmaceutical preparations • New York

AMENDMENT NO. 16 TO FINANCING AGREEMENT, dated as of July 29, 2022 (this “Amendment”), to the Financing Agreement, dated as of April 24, 2019 (as amended, restated, supplemented or otherwise modified from time to time through the date hereof, the “Financing Agreement”), by and among THERAPEUTICSMD, INC., a Nevada corporation (“Company” or “Borrower”), certain Subsidiaries of Borrower, as Guarantors, the Lenders from time to time party thereto, and SIXTH STREET SPECIALTY LENDING, INC., a Delaware corporation (“Sixth Street”), as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent”).

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