FORM OF PRE-FUNDED COMMON STOCK PURCHASE WARRANT] EVOFEM BIOSCIENCES, INC.Evofem Biosciences, Inc. • May 23rd, 2022 • Pharmaceutical preparations • New York
THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date set forth above (the “Initial Exercise Date”) and until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Evofem Biosciences, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
Evofem Biosciences, Inc. 17,142,857 Shares Underwriting AgreementUnderwriting Agreement • March 25th, 2021 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
Evofem Biosciences, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) (i) an aggregate of 17,142,857 shares of common stock (the “Common Stock”), par value $0.0001 per share (the “Firm Shares”). In addition, the Company has granted to the Underwriters an option to purchase up to an additional 2,571,428 shares of Common Stock pursuant to such option, which are collectively called the “Option Shares”. The Firm Shares and, if and to the extent such option is exercised, the Option Shares are collectively called the “Offered Shares.” Morgan Stanley & Co. LLC (“Morgan Stanley”) and Stifel, Nicolaus & Company, Incorporated (“Stifel”) have agreed to act as representatives of the several Underwriters (in such capacity, the “Representatives”) in connection with the offering and sale of the Offered Shares.
COMMON STOCK PURCHASE WARRANT EVOFEM BIOSCIENCES, INC.Common Stock Purchase Warrant • May 19th, 2021 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on May 22, 2023 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Evofem Biosciences, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
NEOTHETICS, INC. Shares of Common Stock (par value $0.0001 per share) Controlled Equity OfferingSM Sales AgreementSales Agreement • December 1st, 2015 • Neothetics, Inc. • Pharmaceutical preparations • New York
Neothetics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:
COMMON STOCK WARRANTEvofem Biosciences, Inc. • April 27th, 2020 • Pharmaceutical preparations
This Warrant is one of a series of similar warrants issued pursuant to that certain Securities Purchase and Security Agreement (the “Purchase Agreement”), dated April 23, 2020, by and among the Company, the Guarantors signatory thereto, the Purchasers signatory thereto and the Designated Agent. This Warrant is issued in conjunction with the issuance of a Note pursuant to the Purchase Agreement in the initial principal sum of $[•] (the “Loan Amount”). The aggregate number of Warrant Shares issuable hereunder (the “Aggregate Shares”) shall equal one-half of the Loan Amount, divided by the Exercise Price (as defined below). The terms of the Purchase Agreement are incorporated herein by reference and capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Purchase Agreement.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 3rd, 2023 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of September 27, 2023, is by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 7770 Regents Road, Suite 113-618, San Diego, California 92122 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 3rd, 2023 • Evofem Biosciences, Inc. • Pharmaceutical preparations
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of September 27, 2023, is by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 7770 Regents Road, Suite 113-618, San Diego, California 92122 (the “Company”), and the undersigned buyers (each, a “Buyer,” and collectively, the “Buyers”).
ContractNeothetics, Inc. • September 12th, 2014 • Pharmaceutical preparations • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
—] Shares Neothetics, Inc. Common Stock PURCHASE AGREEMENTPurchase Agreement • November 10th, 2014 • Neothetics, Inc. • Pharmaceutical preparations • New York
Neothetics, Inc., a Delaware corporation (the “Company”) proposes to sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [—] shares (the “Firm Shares”) of Common Stock, $0.0001 par value per share (the “Common Stock”), of the Company. The Company has also granted to the several Underwriters an option to purchase up to [—] additional shares of Common Stock on the terms and for the purposes set forth in Section 3 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Purchase Agreement are herein collectively called the “Securities.”
EVOFEM BIOSCIENCES, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • November 15th, 2017 • Neothetics, Inc. • Pharmaceutical preparations • Delaware
This Indemnification Agreement (the “Agreement”) is made as of [ ], by and between Evofem Biosciences, Inc., a Delaware corporation (the “Company”), and [name] (the “Indemnitee”).
WARRANT TO PURCHASE STOCKNeothetics, Inc. • September 12th, 2014 • Pharmaceutical preparations • California
THIS WARRANT CERTIFIES THAT, for the agreed upon value of $1.00 and for other good and valuable consideration, SILICON VALLEY BANK (“Holder”) is entitled to purchase the number of fully paid and nonassessable shares of the class of securities (the “Shares”) of the company (the “Company”) at the Warrant Price, all as set forth above and as adjusted pursuant to Article 2 of this Warrant, subject to the provisions and upon the terms and conditions set forth in this Warrant. Capitalized terms used but not otherwise defined herein shall have the meanings given them in that certain Loan and Security Agreement dated as of even date herewith by and among the Company, Silicon Valley Bank, as agent for the Lenders thereunder, Holder, as a lender thereunder, and all other parties named as lenders thereunder (the “Loan Agreement”).
FORM OF COMMON STOCK PURCHASE WARRANT] EVOFEM BIOSCIENCES, INC.Evofem Biosciences, Inc. • May 23rd, 2022 • Pharmaceutical preparations • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on May [_], 202[_] (the “Termination Date”) but not thereafter, to subscribe for and purchase from Evofem Biosciences, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is one of the Warrants to purchase Common Stock issued pursuant to (i) that certain Underwriting Agreement (the “Underwriting Agreement”), dated as of May [_], 2022 (the “Subscription Date”), by and among t
NEOTHETICS, INC. STOCK OPTION AGREEMENTStock Option Agreement • November 10th, 2014 • Neothetics, Inc. • Pharmaceutical preparations • California
Neothetics, Inc. (the “Company”) has granted to the Participant named in the Notice of Grant of Stock Option (the “Grant Notice”) to which this Stock Option Agreement (the “Option Agreement”) is attached an option (the “Option”) to purchase certain shares of Stock upon the terms and conditions set forth in the Grant Notice and this Option Agreement. The Option has been granted pursuant to and shall in all respects be subject to the terms and conditions of the Neothetics, Inc. 2014 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of, and represents that the Participant has read and is familiar with, the Grant Notice, this Option Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of shares issuable pursuant to the Option (the “Plan Prospectus”), (b) a
NEOTHETICS, INC. RESTRICTED STOCK UNITS AGREEMENTRestricted Stock Units Agreement • November 10th, 2014 • Neothetics, Inc. • Pharmaceutical preparations • California
Neothetics, Inc. has granted to the Participant named in the Notice of Grant of Restricted Stock Units (the “Grant Notice”) to which this Restricted Stock Units Agreement (the “Agreement”) is attached an Award consisting of Restricted Stock Units subject to the terms and conditions set forth in the Grant Notice and this Agreement. The Award has been granted pursuant to and shall in all respects be subject to the terms conditions of the Neothetics, Inc. 2014 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of and represents that the Participant has read and is familiar with the Grant Notice, this Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of the shares issuable pursuant to the Award (the “Plan Prospectus”), (b) accepts the Award subject to al
ContractWarrant Agreement • September 12th, 2014 • Neothetics, Inc. • Pharmaceutical preparations • California
THIS WARRANT, AND THE SECURITIES ISSUABLE UPON THE EXERCISE OF THIS WARRANT, HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL (WHICH MAY BE COMPANY COUNSEL) REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 15th, 2020 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
This Registration Rights Agreement (this “Agreement”) is made as of October 14, 2020, by and between Evofem Biosciences, Inc., a Delaware corporation (the “Company”), and the persons listed on the attached Schedule A who are signatories to this Agreement (collectively, the “Investors”). Unless otherwise defined herein, capitalized terms used in this Agreement have the respective meanings ascribed to them in Section 1.
DEL MAR CORPORATE CENTER OFFICE LEASEOffice Lease • November 7th, 2019 • Evofem Biosciences, Inc. • Pharmaceutical preparations • California
This Office Lease (the "Lease"), dated as of the date set forth in Section 1 of the Summary of Basic Lease Information (the "Summary"), below, is made by and between KILROY REALTY, L.P., a Delaware limited partnership ("Landlord"), and EVOFEM BIOSCIENCES, INC., a Delaware corporation ("Tenant").
INDEMNIFICATION AGREEMENTIndemnification Agreement • September 12th, 2014 • Neothetics, Inc. • Pharmaceutical preparations • Delaware
This Indemnification Agreement, dated , is made between Neothetics, Inc., a Delaware corporation (the “Company”), and (the “Indemnitee”).
Evofem Biosciences, Inc. 22,665,000 Shares of Common Stock 12,835,000 Pre- Funded Warrants to Purchase Shares of Common Stock and Warrants to Purchase 71,000,000 Shares of Common Stock Underwriting AgreementEvofem Biosciences, Inc. • May 23rd, 2022 • Pharmaceutical preparations • New York
Evofem Biosciences, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) (i) an aggregate of (a) 22,665,000 shares of common stock (the “Common Stock”), par value $0.0001 per share (the “Firm Shares”), and (b) 12,835,000 pre-funded warrants (the “Pre-Funded Warrants”) to purchase 12,835,000 shares of Common Stock at an exercise price of $0.001 per share and (ii) 71,000,000 common stock warrants to purchase 71,000,000 shares of Common Stock (the “Common Warrants” and, collectively with the Firm Shares and the Pre-Funded Warrants, the “Firm Securities”). The amount and form of the Firm Securities to be purchased by the Underwriters is set forth opposite its name on Schedule A hereto. In addition, the Company has granted to the Underwriters an option to purchase no additional shares of Common Stock (the “Option Shares”) and/or no Common Warrants to purchase shares of Common Stock (the “Option Warrants
NEOTHETICS, INC. RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • November 10th, 2014 • Neothetics, Inc. • Pharmaceutical preparations • California
Neothetics, Inc. (the “Company”) has granted to the Participant named in the Notice of Grant of Restricted Stock (the “Grant Notice”) to which this Restricted Stock Agreement (the “Agreement”) is attached an Award consisting of Shares subject to the terms and conditions set forth in the Grant Notice and this Agreement. The Award has been granted pursuant to and shall in all respects be subject to the terms and conditions of the Neothetics, Inc. 2014 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of and represents that the Participant has read and is familiar with the Grant Notice, this Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of the Shares (the “Plan Prospectus”), (b) accepts the Award subject to all of the terms and conditions of the Gr
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • July 3rd, 2018 • Evofem Biosciences, Inc. • Pharmaceutical preparations • California
This Executive Employment Agreement (this “Agreement”) is made and entered into this 2nd day of July, 2018 (the “Effective Date”) by and between Evofem Biosciences, Inc., a Delaware corporation (“Company”), and Russ Barrans (“Executive”).
ContractEvofem Biosciences, Inc. • April 11th, 2019 • Pharmaceutical preparations
THIS WARRANT AND ANY SHARES ACQUIRED UPON THE EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 (THE “ACT”) AND MAY NOT BE TRANSFERRED, SOLD OR OTHERWISE DISPOSED OF EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH ACT OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER SUCH ACT.
RIGHTS AGREEMENT RIGHTS AGREEMENT, dated as of March 24, 2020 (the “Agreement”), between Evofem Biosciences, Inc., a Delaware corporation (the “Company”), and Philadelphia Stock Transfer, Inc., as rights agent (the “Rights Agent”). WHEREAS, effective...Rights Agreement • March 25th, 2020 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
FORM OF REGISTRATION RIGHTS AGREEMENTForm of Registration Rights Agreement • April 10th, 2023 • Evofem Biosciences, Inc. • Pharmaceutical preparations
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of April [__], 2023, is by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 12400 High Bluff Drive, Suite 600, San Diego, California 92130 (the “Company”), and the undersigned buyers (each, a “Buyer,” and collectively, the “Buyers”).
FORM OF SECURITIES PURCHASE AGREEMENTForm of Securities Purchase Agreement • April 10th, 2023 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of April [__], 2023, is by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 12400 High Bluff Drive, Suite 600, San Diego, California 92130 (the “Company”), and each of the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
ContractEvofem Biosciences, Inc. • February 11th, 2019 • Pharmaceutical preparations • New York
THIS WARRANT AND ANY SHARES ACQUIRED UPON THE EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 (THE “ACT”) AND MAY NOT BE TRANSFERRED, SOLD OR OTHERWISE DISPOSED OF EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH ACT OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER SUCH ACT.
EVOFEM BIOSCIENCES, INC. EQUITY DISTRIBUTION AGREEMENTDistribution Agreement • November 18th, 2019 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
As further set forth in this agreement (this “Agreement”), Evofem Biosciences, Inc., a company organized under the laws of the State of Delaware (the “Company”), proposes to issue and sell from time to time through Piper Jaffray & Co. (the “Agent”), as sales agent, the Company’s common stock, par value $0.0001 per share (the “Common Stock”) having an aggregate offering price of up to $50 million (such shares of Common Stock to be sold pursuant to this Agreement, the “Shares”) on terms set forth herein. Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitation set forth in Section 2 of this Agreement on the number of shares of Shares issued and sold under this Agreement shall be the sole responsibility of the Company, and the Agent shall have no obligation in connection with such compliance.
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • October 17th, 2014 • Neothetics, Inc. • Pharmaceutical preparations • California
This Executive Employment Agreement (this “Agreement”) is made effective as of October 15, 2014 (the “Effective Date”), by and between Neothetics, Inc. (the “Company”) and George W. Mahaffey (the “Executive”). This Agreement amends and restates the Executive Employment Agreement between the Company and Executive dated as of March 2, 2011 (the “Original Agreement”), supersedes and replaces the Original Agreement in its entirety.
EVOFEM BIOSCIENCES, INC. RESTRICTED STOCK CANCELLATION AGREEMENTRestricted Stock Cancellation Agreement • November 15th, 2017 • Neothetics, Inc. • Pharmaceutical preparations • Delaware
This RESTRICTED STOCK CANCELLATION AGREEMENT (this “Agreement”) is entered into as of this 17th day of October, 2017, by and between Evofem Biosciences, Inc., a Delaware corporation (the “Company”), and the undersigned holder (the “Holder”) of a Restricted Stock Award, dated September 28, 2016 (the “Restricted Stock Award”), pursuant to which Holder was issued 1,400,000 shares of restricted common stock, $.001 par value, of the Company (the “Company Common Stock”).
OFFICE SPACE LEASE BETWEEN WW&LJ GATEWAYS, LTD. AND LIPOTHERA, INC.Office Space Lease • October 17th, 2014 • Neothetics, Inc. • Pharmaceutical preparations • California
THIS LEASE is made as of the 3rd day of July, 2008, by and between WW&LJ GATEWAYS, LTD., a California limited partnership, hereafter called “Landlord,” and LIPOTHERA, INC., a Delaware corporation, hereafter called “Tenant.”
SECOND AMENDMENTAnd Security Agreement • May 12th, 2016 • Neothetics, Inc. • Pharmaceutical preparations
THIS SECOND AMENDMENT (the “Second Amendment”) to Loan and Security Agreement, dated as of March 30, 2016 (the “Second Amendment Date”), is hereby entered into by and among Neothetics, Inc. (formerly known as Lithera, Inc., “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Loan Agreement (as defined below) (“Lender”), and Hercules Capital, Inc. (formerly known as Hercules Technology Growth Capital, Inc., “Agent”), in its capacity as administrative agent for itself and the Lender. Any of the parties named above may be referred to herein as a (“Party”) and collectively, as the (“Parties”). Any terms not specifically defined herein shall have the definition ascribed to them in the Loan Agreement and Warrant, as defined below.
NEOTHETICS, INC.Notice and Restricted Stock Purchase Agreement • October 17th, 2014 • Neothetics, Inc. • Pharmaceutical preparations • Delaware
Notwithstanding the above, if designated as an Incentive Stock Option, in the event that the Shares subject to this Option (and all other Incentive Stock Options granted to Optionee by the Company or any Parent or Subsidiary, including under other plans of the Company) that first become exercisable in any calendar year have an aggregate fair market value (determined for each Share as of the date of grant of the option covering such Share) in excess of $100,000, the Shares in excess of $100,000 shall be treated as subject to a Nonstatutory Stock Option, in accordance with Section 5(c) of the Plan.
ContractSecond Amendment • January 31st, 2024 • Evofem Biosciences, Inc. • Pharmaceutical preparations
THIS SECOND AMENDMENT, dated as of January 30, 2024 (this “Amendment”), to that certain Agreement and Plan of Merger dated as of December 11, 2023 (as amended hereby and by that First Amendment dated January 8, 2024, the “Merger Agreement”; and all defined terms used herein that are not otherwise defined herein shall have the meanings set forth in the Merger Agreement), is entered into by and among Aditxt, Inc., a Delaware corporation (“Parent”), Adicure, Inc., a Delaware corporation (“Merger Sub”) and Evofem Biosciences, Inc., a Delaware corporation (the “Company”, and, together with Parent and Merger Sub, the “Parties” and each, a “Party”).
CLINICAL DEVELOPMENT AND COLLABORATION AGREEMENTClinical Development and Collaboration Agreement • October 17th, 2014 • Neothetics, Inc. • Pharmaceutical preparations • New York
THIS CLINICAL DEVELOPMENT AND COLLABORATION AGREEMENT (the “Agreement”) is made effective as of the 2nd day of July, 2013 (the “Effective Date”), by and between NovaMedica, LLC (“NovaMedica”), a limited liability company organized under the laws of the Russian Federation with an address of 107113 bldg. 38, pr. 7, Sokolnichesky Val Street Moscow Russian Federation and Lithera, Inc. (“Lithera” or “Company”), a corporation organized under the laws of the State of Delaware and having its place of business at 9191 Towne Centre Drive, Suite 400, San Diego, California, 92122, USA. For the purposes of this Agreement, “Party” means NovaMedica and Lithera, individually, and “Parties” means NovaMedica and Lithera, collectively.
SUPPLY AND MANUFACTURING AGREEMENTSupply and Manufacturing Agreement • March 12th, 2020 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
This Supply and Manufacturing Agreement (the “Agreement”) is made as of this 4th day of November 2019 (the “Effective Date”) by and between DPT Laboratories, Ltd., a Texas Limited Partnership with a place of business at 307 East Josephine Street, San Antonio, Texas 78215 (hereinafter “DPT”) and Evofem, Inc, a Delaware corporation (and a wholly-owned subsidiary of Evofem Biosciences, Inc.), having principal offices at 12400 High Bluff Drive, Suite 600, San Diego, CA 92130 (“COMPANY”). COMPANY and DPT may be referred to herein by name or individually, as a “Party” and collectively, as the “Parties.”
