EXCHANGE AGREEMENTExchange Agreement • September 16th, 2022 • Evofem Biosciences, Inc. • Pharmaceutical preparations
This Exchange Agreement (the “Agreement”) is entered into as of the date set forth on the signature pages below, 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 investor signatory hereto (the “Holder”), with reference to the following facts:
FORBEARANCE AGREEMENTForbearance Agreement • September 16th, 2022 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
This FORBEARANCE AGREEMENT, dated as of September 15, 2022 (this “Agreement”), is entered into by and among Evofem Biosciences, Inc., a Delaware corporation (the “Company”), the Guarantors identified on the signature pages hereto (the “Guarantors” and, together with the Company being collectively referred to as the “Loan Parties”), the Purchasers party hereto (the “Consenting Purchasers”) and Baker Bros. Advisors LP, as agent and collateral agent for the Purchasers (in such capacity the “Designated Agent”), and is made with reference to the Securities Purchase and Security Agreement dated as of April 23, 2020 (the “Securities Purchase Agreement”) by and among the Company, the Guarantors , the purchasers from time to time party thereto (each, a “Purchaser”, and collectively, the “Purchasers”), and the Designated Agent.
SUBORDINATION AGREEMENTSubordination Agreement • September 16th, 2022 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
This Subordination Agreement dated as of September 15, 2022 (this “Agreement”) is being made among Adjuvant Global Health Technology Fund, LP and Adjuvant Global Health Technology Fund, DE, LP (collectively, the “Subordinated Lenders”), and Baker Bros. Advisors LP (the “Senior Agent”) to determine the parties’ respective rights, remedies and interests with respect to certain obligations owed to each of them by Evofem Biosciences, Inc., a Delaware corporation (the “Company”). This Agreement is made with respect to the following facts:
THIRD AMENDMENT TO SECURITIES PURCHASE AND SECURITY AGREEMENTSecurities Purchase and Security Agreement • September 16th, 2022 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
This Third Amendment to Securities Purchase and Security Agreement (this “Amendment”) is entered into as of September 15, 2022 (the “Amendment Effective Date”) by and among Evofem Biosciences, Inc., a Delaware corporation (the “Company”), 667, L.P., Baker Bros. Life Sciences, L.P. (each, a “Purchaser”, and collectively, the “Purchasers”), and Baker Bros. Advisors LP, as agent and collateral agent for the Purchasers (in such capacity, the “Designated Agent”).
SECOND AMENDMENT TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 16th, 2022 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
This Second Amendment to Securities Purchase Agreement (this “Second Amendment”) is entered into as of September 15, 2022 (the “Second Amendment Effective Date”) by and among Evofem Biosciences, Inc., a Delaware corporation (the “Company”), Adjuvant Global Health Technology Fund, LP, and Adjuvant Global Health Technology Fund, DE, LP (the “Purchasers”).
FORBEARANCE AGREEMENTForbearance Agreement • September 16th, 2022 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
This FORBEARANCE AGREEMENT, dated as of September 15, 2022 (this “Agreement”), is entered into by and among Evofem Biosciences, Inc., a Delaware corporation (the “Company”), the Guarantors identified on the signature pages hereto, and the Purchasers party hereto, and is made with reference to the Securities Purchase Agreement dated as of October 14, 2020, as amended from time to time (the “Securities Purchase Agreement”) by and among the Company and the purchasers from time to time party thereto (each, a “Purchaser”, and collectively, the “Purchasers”).
EXCHANGE AGREEMENTExchange Agreement • September 16th, 2022 • Evofem Biosciences, Inc. • Pharmaceutical preparations
This Exchange Agreement (the “Agreement”) is entered into as of the date set forth on the signature pages below, 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 investor signatory hereto (the “Holder”), with reference to the following facts:
