0001387131-21-003140 Sample Contracts

EMPLOYMENT AGREEMENT
Employment Agreement • March 4th, 2021 • TherapeuticsMD, Inc. • Pharmaceutical preparations • Florida

THIS EMPLOYMENT AGREEMENT (this “Agreement”), by and between TherapeuticsMD, Inc., a Nevada corporation (the “Company”), and Edward J. Borkowski (“Executive”) is entered into and effective as of the 30th day of October 2019 (the “Effective Date”).

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AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • March 4th, 2021 • TherapeuticsMD, Inc. • Pharmaceutical preparations

This Amendment (“Amendment”) to the Employment Agreement (“Agreement”), effective 30th day of October 2019, by and between TherapeuticsMD, Inc. with a place of business at 6800 Broken Sound Parkway NW, 3rd Floor, Boca Raton, Florida 33487 (“TherapeuticsMD”); and Edward J. Borkowski (“Borkowski”).

SECOND AMENDMENT TO COMPANY WARRANT
Company Warrant • March 4th, 2021 • TherapeuticsMD, Inc. • Pharmaceutical preparations • New York

This SECOND AMENDMENT TO THE COMPANY WARRANT (this “Amendment”), dated as of January 13, 2021, is by and among TherapeuticsMD, Inc., a Nevada corporation (the “Company”), Tao Finance 1, LLC, a Delaware limited liability company (“Tao Finance”), Redwood IV Finance 1, LLC, a Delaware limited liability company (“Redwood IV”) and Sixth Street Specialty Lending, Inc., a Delaware corporation (“Sixth Street” and together with Tao Finance and Redwood IV, collectively the “Holders”).

AMENDMENT TO WARRANT
TherapeuticsMD, Inc. • March 4th, 2021 • Pharmaceutical preparations

This Amendment to Warrant (this “Amendment”) is dated as of February 18, 2021 by and between Robert G. Finizio (“Holder”) and TherapeuticsMD, Inc. (“Company”).

AMENDMENT NO. 7 TO FINANCING AGREEMENT
Financing Agreement • March 4th, 2021 • TherapeuticsMD, Inc. • Pharmaceutical preparations • New York

AMENDMENT NO. 7 TO FINANCING AGREEMENT, dated as of January 13, 2021 (this “Amendment”), to the Financing Agreement, dated as of April 24, 2019 (as amended, restated, supplemented or otherwise modified from time to time, 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”).

AMENDMENT TO WARRANT
Amendment to Warrant • March 4th, 2021 • TherapeuticsMD, Inc. • Pharmaceutical preparations

This Amendment to Warrant (this “Amendment”) is dated as of February 20, 2021 by and between John C.K. Milligan, IV (“Holder”) and TherapeuticsMD, Inc. (“Company”).

CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED. AMENDMENT NO. 8 TO...
Financing Agreement • March 4th, 2021 • TherapeuticsMD, Inc. • Pharmaceutical preparations • New York

AMENDMENT NO. 8 TO FINANCING AGREEMENT, dated as of March 1, 2021 (this “Amendment”), to the Financing Agreement, dated as of April 24, 2019 (as amended, restated, supplemented or otherwise modified from time to time, 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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