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.
CONVERTIBLE PROMISSORY NOTE EVOFEM BIOSCIENCES, INC.Senior Debt Purchase Agreement • October 15th, 2020 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
This Note: (a) is one of a series of similar Notes issued pursuant to that certain Securities Purchase Agreement (the “Purchase Agreement”), dated as of October 14, 2020, by and among the Company and the purchasers from time to time party thereto and (b) is subject in all respects to the terms and conditions set forth in the Purchase Agreement. This Note is convertible as provided in Section 4 of the Purchase Agreement. This Note is an unsecured obligation of the Company.
Pursuant to Item 601(b)(10) of Regulation S-K, certain confidential portions of this exhibit have been omitted by means of marking such portions with brackets (“[***]”) because the identified confidential portions (i) are not material and (ii) would...Global Health Agreement • October 15th, 2020 • Evofem Biosciences, Inc. • Pharmaceutical preparations • Delaware
This global health agreement (“Global Health Agreement”) is entered into by and among Evofem Biosciences, Inc., a Delaware corporation (the “Company”), Adjuvant Global Health Technology Fund, L.P. and Adjuvant Global Health Technology Fund DE, L.P. (together with Adjuvant Global Health Technology Fund, L.P. and their transferees, successors, and assigns, “Adjuvant”) in connection with the commitment by Adjuvant to purchase up to $25,000,000 aggregate principal amount of Convertible Promissory Notes of the Company (the “Notes”), convertible into shares of common stock, par value $0.0001 per share (“Common Stock”), of the Company (the “Investment”). The Notes will be issued pursuant to the terms and condition of that certain Securities Purchase Agreement of even date herewith (the “Purchase Agreement”) (such date, the “Closing Date”). Adjuvant is making the Investment in conjunction with the terms of this Global Health Agreement, the Purchase Agreement, that certain Registration Rights A
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 15th, 2020 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
This Securities Purchase Agreement (the “Agreement”) is entered into as of October 14, 2020 (the “Effective Date”) by and among Evofem Biosciences, Inc., a Delaware corporation (the “Company”), and the purchasers who execute a counterparty signature page hereto (each, a “Purchaser”, and collectively, the “Purchasers”).
