EVFM / Evofem Biosciences, Inc. - SEC-arkivering, Årsberetning, Fuldmagtserklæring

Evofem Biosciences, Inc.
US ˙ OTCPK ˙ US30048L1044

Grundlæggende statistik
LEI 5493007VAGG43TIEJW57
CIK 1618835
SEC Filings
All companies that sell securities in the United States must register with the Securities and Exchange Commission (SEC) and file reports on a regular basis. These reports include company annual reports (10K, 10Q), news updates (8K), investor presentations (found in 8Ks), insider trades (form 4), ownership reports (13D, and 13G), and reports related to the specific securities sold, such as registration statements and prospectus. This page shows recent SEC filings related to Evofem Biosciences, Inc.
SEC Filings (Chronological Order)
Denne side giver en komplet, kronologisk liste over SEC-arkiveringer, eksklusive ejerskabsregistreringer, som vi leverer andre steder.
September 8, 2025 DEFM14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☒ Definitive Proxy State

August 26, 2025 PREM14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☒ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☐ Definitive Proxy State

August 26, 2025 EX-3.1

CERTIFICATE OF DESIGNATIONS OF SERIES G-1 CONVERTIBLE PREFERRED STOCK OF EVOFEM BIOSCIENCES, INC.

Exhibit 3.1 CERTIFICATE OF DESIGNATIONS OF SERIES G-1 CONVERTIBLE PREFERRED STOCK OF EVOFEM BIOSCIENCES, INC. I, Saundra Pelletier, hereby certify that I am the Chief Executive Officer of Evofem Biosciences, Inc. (the “Company”), a corporation organized and existing under the Delaware General Corporation Law (the “DGCL”), and further do hereby certify: That pursuant to the authority expressly conf

August 26, 2025 EX-10.1

PREFERRED EXCHANGE AGREEMENT

Exhibit 10.1 PREFERRED EXCHANGE AGREEMENT This Preferred 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 7770 Regents Road, Suite 113-618, San Diego, CA 92122 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the followi

August 26, 2025 EX-FILING FEES

Appendix N Schedule 14A (Form Type) Evofem Biosciences, Inc. (Exact Name of Registrant as Specified in its Charter) Table 1: Transaction Valuation

Appendix N EXHIBIT 107 - CALCULATION OF FILING FEE TABLES Schedule 14A (Form Type) Evofem Biosciences, Inc.

August 26, 2025 EX-2.1

Article 1. Amendment.

Exhibit 2.1 THIS SIXTH AMENDMENT, dated as of August 26, 2025 (this “Amendment”), to that certain Amended and Restated Agreement and Plan of Merger dated as of July 12, 2024 (the “Restated Merger Agreement”), which Restated Merger Agreement amended and restated in its entirety that certain Agreement and Plan of Merger dated December 11, 2023, is entered into by and among Aditxt, Inc., a Delaware c

August 26, 2025 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): August 22, 2025 EVOFEM BIOSCIENCE

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): August 22, 2025 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer

August 14, 2025 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 14, 2025 EVOFEM BIOSCIENCE

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 14, 2025 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commissio

August 14, 2025 EX-99.1

Evofem Reports Positive Financial Results for Second Quarter of 2025, Provides Business Update — Increased Net Sales and Improved Loss from Operations in Q2 2025 vs. Prior Year Quarter — — Evofem Advances Plans for Special Meeting of Stockholders to

Exhibit 99.1 Evofem Reports Positive Financial Results for Second Quarter of 2025, Provides Business Update — Increased Net Sales and Improved Loss from Operations in Q2 2025 vs. Prior Year Quarter — — Evofem Advances Plans for Special Meeting of Stockholders to Approve the A&R Merger Agreement and Become a Wholly-owned Subsidiary of Aditxt — SAN DIEGO, CA, August 14, 2025 — Women’s health innovat

August 14, 2025 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2025 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-36754 EVOFEM BIO

August 6, 2025 DEF 14C

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14C PURSUANT TO SECTION 13(c) OF THE SECURITIES EXCHANGE ACT OF 1934 Check the appropriate box:

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14C PURSUANT TO SECTION 13(c) OF THE SECURITIES EXCHANGE ACT OF 1934 Check the appropriate box: ☐ Preliminary Information Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14c-5(d)(2)) ☒ Definitive Information Statement EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its

July 24, 2025 PREM14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☒ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☐ Definitive Proxy State

July 24, 2025 EX-FILING FEES

Appendix M – Exhibit 107 Filing Fee Calculation

Appendix M EXHIBIT 107 - CALCULATION OF FILING FEE TABLES Schedule 14A (Form Type) Evofem Biosciences, Inc.

July 9, 2025 PRE 14C

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14C PURSUANT TO SECTION 13(c) OF THE SECURITIES EXCHANGE ACT OF 1934 Check the appropriate box:

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14C PURSUANT TO SECTION 13(c) OF THE SECURITIES EXCHANGE ACT OF 1934 Check the appropriate box: ☒ Preliminary Information Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14c-5(d)(2)) ☐ Definitive Information Statement EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its

July 2, 2025 EX-10.1

Securities Purchase Agreement

Exhibit 10.1 SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of June 26, 2025, 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 coll

July 2, 2025 8-K

Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): June 26, 2025 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer o

July 2, 2025 EX-10.2

Form of Senior Subordinated Convertible Note

Exhibit 10.2 FORM OF SENIOR SUBORDINATED CONVERTIBLE NOTE NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE ABSENCE OF

July 2, 2025 EX-10.3

Form of Warrant

Exhibit 10.3 FORM OF WARRANT NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE EXERCISABLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE ABSENCE OF (A) AN EFFECTIVE REGISTRATIO

May 22, 2025 EX-10.1

License Agreement by and between the Company and Pharma 1 Drug Store, L.L.C

Exhibit 10.1 CERTAIN INFORMATION CONTAINED IN THIS EXHIBIT, MARKED BY “[*]” HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) IS THE TYPE THAT THE COMPANY TREATS AS PRIVATE OR CONFIDENTIAL. DEVELOPMENT AND SUPPLY AGREEMENT This Development and Supply Agreement (this “Agreement”) is made as of May 19, 2025, (the “Effective Date”) by and between Evofem Biosciences, Inc

May 22, 2025 8-K

Regulation FD Disclosure, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): May 19, 2025 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission F

May 22, 2025 EX-99.1

Evofem Signs SOLOSEC License Agreement for Middle East with Pharma 1 — Pharma 1 Targets Mid-2025 Regulatory Submission in UAE for SOLOSEC to Treat Bacterial Vaginosis and Trichomoniasis —

Exhibit 99.1 Evofem Signs SOLOSEC License Agreement for Middle East with Pharma 1 — Pharma 1 Targets Mid-2025 Regulatory Submission in UAE for SOLOSEC to Treat Bacterial Vaginosis and Trichomoniasis — SAN DIEGO, CA, May 21, 2025 — Women’s health innovator Evofem Biosciences, Inc. (OTCPK: EVFM) and private Emirati health care company Pharma 1 Drug Store LLC have signed a License and Supply Agreemen

May 15, 2025 8-K

Results of Operations and Financial Condition, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 15, 2025 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission F

May 15, 2025 EX-99.1

Evofem Reports First Quarter 2025 Financial Results and Provides Business Update

Exhibit 99.1 Evofem Reports First Quarter 2025 Financial Results and Provides Business Update SAN DIEGO, CA, May 15, 2025 — Women’s health innovator Evofem Biosciences, Inc. (OTCPK: EVFM), today announced financial results for the first quarter ended March 31, 2025. “Quarterly fluctuations are normal for our business, which is why we focus on driving annual growth,” said Saundra Pelletier, Evofem’

May 15, 2025 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2025 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-36754 EVOFEM BI

May 8, 2025 EX-10.1

First Amendment to Development and Supply Agreement dated May 3, 2025

Exhibit 10.1 CERTAIN INFORMATION CONTAINED IN THIS EXHIBIT, MARKED BY “[*]” HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) IS THE TYPE THAT THE COMPANY TREATS AS PRIVATE OR CONFIDENTIAL. FIRST AMENDMENT TO DEVELOPMENT AND SUPPLY AGREEMENT This First Amendment to the Development and Supply Agreement (this “Amendment”) is entered into as of May 3, 2025 (the “Amendme

May 8, 2025 8-K

Entry into a Material Definitive Agreement, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): May 3, 2025 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer of

April 14, 2025 EX-10.3

Form of Warrant

Exhibit 10.3 FORM OF WARRANT NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE EXERCISABLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE ABSENCE OF (A) AN EFFECTIVE REGISTRATIO

April 14, 2025 EX-10.4

Form of Call Option Agreement

Exhibit 10.4 CALL OPTION AGREEMENT This Call Option Agreement (this “Agreement”), dated as of April 10, 2025 (the “Effective Date”), is by and among Aditxt, Inc., a Delaware corporation (the “Company”), Adjuvant Global Health Technology Fund, L.P. and Adjuvant Global Health Technology Fund DE, L.P. (collectively, the “Security Holder”) and Evofem Biosciences, Inc., a Delaware corporation (“Evofem”

April 14, 2025 EX-10.2

Form of Senior Subordinated Convertible Note

Exhibit 10.2 FORM OF SENIOR SUBORDINATED CONVERTIBLE NOTE NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE ABSENCE OF

April 14, 2025 8-K

Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 8, 2025 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer o

April 14, 2025 EX-10.1

Form of Securities Purchase Agreement

Exhibit 10.1 SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of April 8, 2025, 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 coll

April 3, 2025 EX-10.1

Amendment No. 1 to License and Supply Agreement dated March 20, 2025

Exhibit 10.1 AMENDMENT NO. 1 TO LICENSE AND SUPPLY AGREEMENT This Amendment No. 1 to License and Supply Agreement dated as of March 20, 2025 (the “Amendment”), is by and between Evofem Biosciences, Inc., a Delaware corporation, having its principal place of business at 12636 High Bluff Drive, Suite 400, San Diego, CA 92130 (“Buyer”) and Windtree Therapeutics, Inc., a Delaware corporation, having i

April 3, 2025 8-K

Entry into a Material Definitive Agreement, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): March 28, 2025 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer

March 28, 2025 10-K/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K/A Amendment No. 1

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K/A Amendment No. 1 (Mark One) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2024 OR ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE TRANSITION PERIOD FROM TO Commission File Number 001-367

March 26, 2025 EX-10.1

License and Supply Agreement dated March 20, 2025

Exhibit 10.1 License and Supply Agreement This License and Supply Agreement (“Agreement”), dated and effective as of March 20, 2025 (the “Effective Date”), is by and between Evofem Biosciences, Inc., a Delaware corporation, having its principal place of business at 12636 High Bluff Drive, Suite 400, San Diego, CA 92130 (“Buyer”) and Windtree Therapeutics, Inc., a Delaware corporation, having its p

March 26, 2025 EX-2.1

Fifth Amendment to the Amended and Restated Merger Agreement, dated March 22, 2025.

Exhibit 2.1 THIS FIFTH AMENDMENT dated as of March 22, 2025 (this “Amendment”), to that certain Amended and Restated Agreement and Plan of Merger dated as of July 12, 2024 (as amended hereby, the “Restated Merger Agreement”), which amended and restated in its entirety that certain Agreement and Plan of Merger dated December 11, 2023, is entered into by and among Aditxt, Inc., a Delaware corporatio

March 26, 2025 EX-99.1

Evofem Expects Significant Reduction in PHEXXI Manufacturing Cost Through Agreement with Windtree Therapeutics — Evofem’s Cost to Manufacture PHEXXI will Decrease by 55% - 60% —

Exhibit 99.1 Evofem Expects Significant Reduction in PHEXXI Manufacturing Cost Through Agreement with Windtree Therapeutics — Evofem’s Cost to Manufacture PHEXXI will Decrease by 55% - 60% — SAN DIEGO, CA, March 26, 2025 — Evofem Biosciences, Inc. (OTCQB: EVFM) (Evofem or the Company) today announced that it has entered into a License and Supply Agreement (L&S Agreement) with Windtree Therapeutics

March 26, 2025 8-K

Entry into a Material Definitive Agreement, Entry into a Material Definitive Agreement, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): March 20, 2025 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer

March 24, 2025 EX-19.1

Insider trading policies and procedures

Exhibit 19.1 EVOFEM BIOSCIENCES, INC. INSIDER TRADING POLICY 1. Purpose of this Policy. The purchase or sale of securities while possessing material non-public information or the disclosure of inside information to others who may trade in such securities is sometimes referred to as “insider trading” and is prohibited by federal and state securities laws. As an essential part of your work, you may

March 24, 2025 EX-99.2

Corporate presentation prepared as of March 24, 2025

Exhibit 99.2

March 24, 2025 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 24, 2025 EVOFEM BIOSCIENCES

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 24, 2025 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

March 24, 2025 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2024 OR ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE TRANSITION PERIOD FROM TO Commission File Number 001-36754 EVOFEM BIOSCIEN

March 24, 2025 EX-99.1

Evofem Reports Fourth Consecutive Year of Net Sales Growth — 2024 Net Sales Increased 6% to $19.4 Million — — Total Operating Expense Reduced 27% from 2023 Levels, Excluding Non-cash Amortization Expense — — Sales and Marketing Expense as a Percentag

Exhibit 99.1 Evofem Reports Fourth Consecutive Year of Net Sales Growth — 2024 Net Sales Increased 6% to $19.4 Million — — Total Operating Expense Reduced 27% from 2023 Levels, Excluding Non-cash Amortization Expense — — Sales and Marketing Expense as a Percentage of Net Sales was 47% for 2024 and 31% for the Fourth Quarter, the Most Favorable Ratios since the PHEXXI Launch — SAN DIEGO, CA, March

March 24, 2025 EX-19.2

Incentive compensation recoupment policy

Exhibit 19.2 EVOFEM BIOSCICENCES, INC. Incentive Compensation Recoupment Policy In the event Evofem Biosciences, Inc., (the “Company”) determines it must restate its financial results as reported in a Form 10-K, Form 10-Q or other report filed with the Securities and Exchange Commission to correct an accounting error due to material noncompliance with any financial reporting requirement under the

March 24, 2025 EX-21.1

List of Subsidiaries

Exhibit 21.1 Subsidiaries of Evofem Biosciences, Inc. Evofem Biosciences Operations, Inc. Evofem, Inc.

March 24, 2025 EX-2.11

Fifth Amendment to the Amended and Restated Agreement and Plan of Merger by and among the Company, Aditxt, Inc. and Adifem, Inc., dated March 22, 2025

Exhibit 2.11 THIS FIFTH AMENDMENT dated as of March 22, 2025 (this “Amendment”), to that certain Amended and Restated Agreement and Plan of Merger dated as of July 12, 2024 (as amended hereby, the “Restated Merger Agreement”), which amended and restated in its entirety that certain Agreement and Plan of Merger dated December 11, 2023, is entered into by and among Aditxt, Inc., a Delaware corporati

January 10, 2025 8-K

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): January 6, 2025 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer

December 23, 2024 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): December 23, 2024 EVOFEM BIOSCIEN

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): December 23, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employ

November 25, 2024 8-K

Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): November 19, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commiss

November 25, 2024 EX-2.1

Fourth Amendment to the Amended and Restated Agreement and Plan of Merger, by and among the Company, Aditxt, Inc. and Adifem, Inc., dated November 19, 2024

Exhibit 2.1 THIS FOURTH AMENDMENT dated as of November 19, 2024 (this “Amendment”), to that certain Amended and Restated Agreement and Plan of Merger dated as of July 12, 2024 (as amended hereby, the “Restated Merger Agreement”), which amended and restated in its entirety that certain Agreement and Plan of Merger dated December 11, 2023, is entered into by and among Aditxt, Inc., a Delaware corpor

November 14, 2024 EX-99.1

Evofem Biosciences Announces Financial Results for the Third Quarter of 2024 — Improved loss from operations by 31% — — Acquired SOLOSEC, a commercially attractive, single-dose oral antibiotic FDA-approved to treat two pervasive sexual health infecti

Exhibit 99.1 Evofem Biosciences Announces Financial Results for the Third Quarter of 2024 — Improved loss from operations by 31% — — Acquired SOLOSEC, a commercially attractive, single-dose oral antibiotic FDA-approved to treat two pervasive sexual health infections — — Forged commercial agreement for Phexxi in Middle East — SAN DIEGO, CA, November 14, 2024 — Women’s health innovator Evofem Biosci

November 14, 2024 8-K

Results of Operations and Financial Condition, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 14, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commiss

November 14, 2024 EX-10.15

Amended Employment Agreement, by and between the Company and Saundra Pelletier, dated as of November 8, 2024.

Exhibit 10.15 EMPLOYMENT AGREEMENT This Employment Agreement (this “Agreement”) is made and entered into this 8th day of November, 2024 (the “Effective Date”) by and between Evofem Biosciences, Inc., a Delaware corporation (“Company”), and Saundra Pelletier (“Employee”). 1. Roles and Duties. (a) Chief Executive Officer Role. Subject to the terms and conditions of this Agreement, Company shall empl

November 14, 2024 EX-10.14

Amended Employment Agreement, by and between the Company and Ivy Zhang, dated as of November 8, 2024.

Exhibit 10.14 EMPLOYMENT AGREEMENT This Employment Agreement (this “Agreement”) is made and entered into this 8th day of November, 2024 (the “Effective Date”) by and between Evofem Biosciences, Inc., a Delaware corporation (“Company”), and Ivy Zhang (“Employee”). 1. Roles and Duties. (a) Chief Financial Officer Role. Subject to the terms and conditions of this Agreement, Company shall employ Emplo

November 14, 2024 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2024 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-36754 EVOFE

November 6, 2024 EX-99.1

Evofem Secures Investor Support for Proposed Merger through Voting Agreements

Exhibit 99.1 Evofem Secures Investor Support for Proposed Merger through Voting Agreements San Diego, CA, November 6, 2024 —Evofem Biosciences, Inc. (OTCQB: EVFM) (“Evofem” or the “Company”) today announced it has secured voting agreements with certain of its Series E-1 stockholders and convertible noteholders to ensure they will vote in favor of the proposed merger with Aditxt, Inc. (NASDAQ: ADTX

November 6, 2024 8-K

Regulation FD Disclosure, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): October 31, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commissi

October 31, 2024 8-K

Termination of a Material Definitive Agreement, Entry into a Material Definitive Agreement, Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): October 27, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commissi

October 31, 2024 EX-10.1

Form of Support Agreement, by and between the Company and the Investor, dated as of October 28, and October 30, 2024.

Exhibit 10.1 SUPPORT AGREEMENT This SUPPORT Agreement (this “Agreement”) is made and entered into as of October 28, 2024 by and among Aditxt, Inc., a Delaware corporation (“Parent”), Adifem, Inc., a Delaware corporation (“Merger Sub”), Evofem Biosciences, Inc., a Delaware corporation (the “Company”) and each of the stockholders of the Company who are signatories hereto (each, a “Stockholder,” toge

October 28, 2024 EX-10.1

Securities Purchase Agreement, by and between the Company and Aditxt, Inc., dated as of October 28, 2024.

Exhibit 10.1 Execution Version SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of October 28, 2024 is by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 7770 Regents Road, Suite 113-618, San Diego, CA 92122 (the “Company”), and Aditxt, Inc. (the “Buyer”). RECITALS A. The Company and the Buyer are executing and deliveri

October 28, 2024 8-K

Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): October 28, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commissi

October 28, 2024 EX-10.2

Registration Rights Agreement, by and between the Company and Aditxt, Inc., dated as of October 28, 2024.

Exhibit 10.2 Execution Version REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of October 28, 2024, is by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 7770 Regents Road, Suite 113-618, San Diego, CA 92122 (the “Company”), and the undersigned buyer (“Buyer”). RECITALS A. In connection with the Securities Purchase Ag

October 3, 2024 EX-2.1

Third Amendment to the Amended and Restated Agreement and Plan of Merger, by and among the Company, Aditxt, Inc. and Adifem, Inc., dated October 2, 2024

Exhibit 2.1 THIS THIRD AMENDMENT dated as of October 2, 2024 (this “Amendment”), to that certain Amended and Restated Agreement and Plan of Merger dated as of July 12, 2024 (as amended hereby, the “Restated Merger Agreement”), which amended and restated in its entirety that certain Agreement and Plan of Merger dated December 11, 2023, is entered into by and among Aditxt, Inc., a Delaware corporati

October 3, 2024 EX-10.1

Securities Purchase Agreement, by and between the Company and Aditxt, Inc., dated as of October 2, 2024.

Exhibit 10.1 Execution Version SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of October 2, 2024 is by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 7770 Regents Road, Suite 113-618, San Diego, CA 92122 (the “Company”), and Aditxt, Inc. (the “Buyer”). RECITALS A. The Company and the Buyer are executing and deliverin

October 3, 2024 8-K

Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 27, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commis

October 3, 2024 EX-10.2

Registration Rights Agreement, by and between the Company and Aditxt, Inc., dated as of October 2, 2024.

Exhibit 10.2 Execution Version REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of October 2, 2024, is by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 7770 Regents Road, Suite 113-618, San Diego, CA 92122 (the “Company”), and the undersigned buyer (“Buyer”). RECITALS A. In connection with the Securities Purchase Agr

September 25, 2024 8-K

Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 20, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commis

September 25, 2024 EX-10.2

Registration Rights Agreement, by and between the Company and Aditxt, Inc., dated as of September, 2024.

Exhibit 10.2 Execution Version REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of September 20, 2024, is by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 7770 Regents Road, Suite 113-618, San Diego, CA 92122 (the “Company”), and the undersigned buyer (“Buyer”). RECITALS A. In connection with the Securities Purchase

September 25, 2024 EX-10.1

Securities Purchase Agreement, by and between the Company and Aditxt, Inc., dated as of September 20, 2024.

Exhibit 10.1 Execution Version SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of September 20, 2024 is by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 7770 Regents Road, Suite 113-618, San Diego, CA 92122 (the “Company”), and Aditxt, Inc. (the “Buyer”). RECITALS A. The Company and the Buyer are executing and delive

September 23, 2024 PRE 14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☒ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☐ Definitive Proxy State

September 6, 2024 EX-2.1

Second Amendment to the Amended and Restated Agreement and Plan of Merger, by and between the Company, Aditxt, Inc., and Adifem, Inc., dated September 6, 2024

Exhibit 2.1 THIS SECOND AMENDMENT dated as of September 6, 2024 (this “Amendment”), to that certain Amended and Restated Agreement and Plan of Merger dated as of July 12, 2024 (as amended hereby, the “Restated Merger Agreement”), which amended and restated in its entirety that certain Agreement and Plan of Merger dated December 11, 2023, is entered into by and among Aditxt, Inc., a Delaware corpor

September 6, 2024 8-K

Entry into a Material Definitive Agreement, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 6, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commiss

August 30, 2024 8-K

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): August 28, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commissio

August 20, 2024 8-K

Entry into a Material Definitive Agreement, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): August 16, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commissio

August 20, 2024 EX-2.1

First Amendment to the Amended and Restated Agreement and Plan of Merger, by and between the Company, Aditxt, Inc., and Adifem, Inc., dated August 16, 2024

Exhibit 2.1 THIS FIRST AMENDMENT dated as of August 16, 2024 (this “Amendment”), to that certain Amended and Restated Agreement and Plan of Merger dated as of July 12, 2024 (as amended hereby, the “Merger Agreement”), which amended and restated in its entirety that certain Agreement and Plan of Merger dated December 11, 2023, is entered into by and among Aditxt, Inc., a Delaware corporation (“Pare

August 14, 2024 8-K

Results of Operations and Financial Condition, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 14, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commissio

August 14, 2024 EX-99.1

Evofem Biosciences Announces Financial Results for the Second Quarter of 2024 — Improved loss from operations by 81% — — Acquired SOLOSEC, a commercially attractive, single-dose oral antibiotic FDA-approved to treat two pervasive sexual health infect

Exhibit 99.1 Evofem Biosciences Announces Financial Results for the Second Quarter of 2024 — Improved loss from operations by 81% — — Acquired SOLOSEC, a commercially attractive, single-dose oral antibiotic FDA-approved to treat two pervasive sexual health infections — — Forged ex-U.S. commercial agreement for Phexxi in Middle East — SAN DIEGO, CA, August 14, 2024 — Women’s health innovator Evofem

August 14, 2024 EX-10.5

Securities Purchase Agreement, by and between the Company and Aditxt, Inc., dated as of August 9, 2024.

Exhibit 10.5 SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of August 9, 2024 is by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 7770 Regents Road, Suite 113-618, San Diego, CA 92122 (the “Company”), and Aditxt, Inc. (the “Buyer”). RECITALS A. The Company and the Buyer are executing and delivering this Agreement in

August 14, 2024 EX-10.6

Registration Rights Agreement, by and between the Company and Aditxt, Inc., dated as of August 9, 2024.

Exhibit 10.6 REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of August 9, 2024, is by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 7770 Regents Road, Suite 113-618, San Diego, CA 92122 (the “Company”), and the undersigned buyer (“Buyer”). RECITALS A. In connection with the Securities Purchase Agreement by and among

August 14, 2024 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2024 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-36754 EVOFEM BIO

July 23, 2024 EX-99.1

Evofem Signs Phexxi® License Agreement for Middle East with Pharma 1 — Pharma 1 anticipates filing UAE regulatory submission for Phexxi as a hormone-free contraceptive in Q3 2024 — — UAE contraceptive drug market is projected to reach $185.1 million

Exhibit 99.1 Evofem Signs Phexxi® License Agreement for Middle East with Pharma 1 — Pharma 1 anticipates filing UAE regulatory submission for Phexxi as a hormone-free contraceptive in Q3 2024 — — UAE contraceptive drug market is projected to reach $185.1 million by 2030 — SAN DIEGO, CA, July 23, 2024 — Women’s health innovator Evofem Biosciences, Inc. (OTCQB: EVFM) and private Emirati health care

July 23, 2024 8-K

Regulation FD Disclosure, Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): July 17, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

July 23, 2024 EX-10.3

Registration Rights Agreement, by and between the Company and Aditxt, Inc., dated as of July 12, 2024.

Exhibit 10.3 Execution Version REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of July 12, 2024, is by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 7770 Regents Road, Suite 113-618, San Diego, CA 92122 (the “Company”), and the undersigned buyer (“Buyer”). RECITALS A. In connection with the Securities Purchase Agree

July 23, 2024 EX-10.2

Securities Purchase Agreement, by and between the Company and Aditxt, Inc., dated as of July 12, 2024.

Exhibit 10.2 Execution Version SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of July 12, 2024 is by and among Evofem Biosciences, Inc., a Delaware corporation with offices located at 7770 Regents Road, Suite 113-618, San Diego, CA 92122 (the “Company”), and Aditxt, Inc. (the “Buyer”). RECITALS A. The Company and the Buyer are executing and delivering

July 23, 2024 EX-10.1

License Agreement, by and between the Company and Pharma 1 Drug Store, L.L.C.

Exhibit 10.1 CERTAIN INFORMATION CONTAINED IN THIS EXHIBIT, MARKED BY “[*]” HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) IS THE TYPE THAT THE COMPANY TREATS AS PRIVATE OR CONFIDENTIAL. DEVELOPMENT AND SUPPLY AGREEMENT This Development and Supply Agreement (this “Agreement”) is made as of July 17, 2024, (the “Effective Date”) by and between Evofem Biosciences, In

July 18, 2024 EX-2.1

Amended and Restated Plan of Merger, by and between the Company, Aditxt, Inc. and Adifem, Inc.

Exhibit 2.1 AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER among ADITXT, INC., ADIFEM, INC., FKA ADICURE, INC. and EVOFEM BIOSCIENCES, INC. Dated as of July 12, 2024 TABLE OF CONTENTS Page Article I CERTAIN DEFINITIONS 2 Section 1.1 Certain Definitions 2 Section 1.2 Terms Defined Elsewhere 2 Article II THE MERGER 4 Section 2.1 The Merger 4 Section 2.2 Closing 4 Section 2.3 Effect of the Merger

July 18, 2024 EX-10.1

Asset Purchase Agreement, by and between the Company and Lupin Inc.

Exhibit 10.1 CERTAIN INFORMATION CONTAINED IN THIS EXHIBIT, MARKED BY “[*]” HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) IS THE TYPE THAT THE COMPANY TREATS AS PRIVATE OR CONFIDENTIAL. ASSET PURCHASE AGREEMENT BETWEEN EVOFEM BIOSCIENCES, INC. AND LUPIN INC. DATED AS OF July 14, 2024 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS 1 Section 1.1. Definitions 1 ARTICL

July 18, 2024 EX-99.1

Lupin Divests U.S. Commercial Women’s Health Specialty Business to Evofem, including SOLOSEC

Exhibit 99.1 Lupin Divests U.S. Commercial Women’s Health Specialty Business to Evofem, including SOLOSEC Mumbai, Naples, and San Diego, July 15, 2024: Global pharma major Lupin Limited (Lupin) announced today that it has divested its U.S. Commercial Women’s Health Specialty Business to Evofem Biosciences, Inc. (OTCQB: EVFM) (Evofem), a U.S. biopharmaceutical company focused exclusively on Women’s

July 18, 2024 EX-99.1

Corporate presentation prepared as of July 17, 2024

Exhibit 99.1

July 18, 2024 8-K

Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): July 12, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

July 18, 2024 8-K

Entry into a Material Definitive Agreement, Other Events, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): July 14, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

July 18, 2024 8-K

Regulation FD Disclosure, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): July 17, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer o

June 26, 2024 8-K

Material Modification to Rights of Security Holders, Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Submission of Matters to a Vote of Security Holders, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): June 20, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer o

June 26, 2024 EX-3.1

Amended and Restated certificate of Designation of Series F-1 Convertible Preferred Stock

Exhibit 3.1 AMENDED AND RESTATED CERTIFICATE OF DESIGNATIONS OF SERIES F-1 CONVERTIBLE PREFERRED STOCK OF EVOFEM BIOSCIENCES, INC. I, Saundra Pelletier, hereby certify that I am the Chief Executive Officer of Evofem Biosciences, Inc. (the “Company”), a corporation organized and existing under the Delaware General Corporation Law (the “DGCL”), and further do hereby certify: WHEREAS, pursuant to the

May 15, 2024 8-K

Results of Operations and Financial Condition, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 15, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission F

May 15, 2024 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2024 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-36754 EVOFEM BI

May 15, 2024 EX-99.1

Evofem Biosciences Announces Financial Results for the First Quarter of 2024

Exhibit 99.1 Evofem Biosciences Announces Financial Results for the First Quarter of 2024 SAN DIEGO, CA, May 15, 2024 — The company behind the hormone-free contraceptive Phexxi® (lactic acid, citric acid and potassium bitartrate), Evofem Biosciences, Inc. (“Evofem” or “the Company”) (OTCQB: EVFM) today announced financial results for the first quarter of 2024. Highlights of and since the quarter i

May 2, 2024 EX-2.1

Reinstatement and Fourth Amendment to Merger Agreement dated May 2, 2024

Exhibit 2.1 THIS REINSTATEMENT AND FOURTH AMENDMENT TO MERGER AGREEMENT AND WAIVER AGREEMENT, dated as of May 2, 2024 (this “Reinstatement and 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, that Second Amendment dated January 30, 2024, and that Third Amendment dated February 29, 2024, the

May 2, 2024 8-K

Entry into a Material Definitive Agreement, Termination of a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 26, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer

March 28, 2024 8-K

Regulation FD Disclosure, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 27, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

March 28, 2024 EX-99.1

Corporate presentation prepared as of March 27, 2024

Exhibit 99.1

March 27, 2024 EX-21.1

List of Subsidiaries

Exhibit 21.1 Subsidiaries of Evofem Biosciences, Inc. Evofem Biosciences Operations, Inc. Evofem, Inc.

March 27, 2024 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 27, 2024 EVOFEM BIOSCIENCES

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 27, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

March 27, 2024 EX-19.1

Insider trading policies and procedures

Exhibit 19.1 EVOFEM BIOSCIENCES, INC. INSIDER TRADING POLICY 1. Purpose of this Policy. The purchase or sale of securities while possessing material non-public information or the disclosure of inside information to others who may trade in such securities is sometimes referred to as “insider trading” and is prohibited by federal and state securities laws. As an essential part of your work, you may

March 27, 2024 EX-19.2

Incentive compensation recoupment policy

Exhibit 19.2 EVOFEM BIOSCICENCES, INC. Incentive Compensation Recoupment Policy In the event Evofem Biosciences, Inc., (the “Company”) determines it must restate its financial results as reported in a Form 10-K, Form 10-Q or other report filed with the Securities and Exchange Commission to correct an accounting error due to material noncompliance with any financial reporting requirement under the

March 27, 2024 EX-99.1

Evofem Reports $18.2 million of Phexxi Net Product Sales in 2023 — Third Consecutive Year of Phexxi Net Sales Growth — — Total Operating Expense Reduced 64% from 2022 Levels – — Sales and marketing expense as a percentage of net sales was 54% for the

Exhibit 99.1 Evofem Reports $18.2 million of Phexxi Net Product Sales in 2023 — Third Consecutive Year of Phexxi Net Sales Growth — — Total Operating Expense Reduced 64% from 2022 Levels – — Sales and marketing expense as a percentage of net sales was 54% for the fourth quarter of 2023, the most favorable ratio since the Phexxi launch — SAN DIEGO, CA, March 27, 2024 — The company behind Phexxi® (l

March 27, 2024 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2023 OR ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE TRANSITION PERIOD FROM TO Commission File Number 001-36754 EVOFEM BIOSCIEN

March 6, 2024 EX-2.1

Third Amendment to the Merger Agreement, dated February 29, 2024

Exhibit 2.1 THIS THIRD AMENDMENT, dated as of February 29, 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 and that Second Amendment dated January 30, 2024, the “Merger Agreement”; and all defined terms used herein that are not otherwise defined herein shall have the meanings se

March 6, 2024 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): February 29, 2024 EVOFEM BIOSCIEN

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): February 29, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employ

February 14, 2024 SC 13G/A

EVFM / Evofem Biosciences, Inc. / CVI Investments, Inc. - SC 13G/A Passive Investment

SC 13G/A 1 tm244732d9sc13ga.htm SC 13G/A CUSIP No: 30048L302 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G (Rule 13d-102) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO § 240.13d-1(b), (c) AND (d) AND AMENDMENTS THERETO FILED PURSUANT TO § 240.13d-2. (Amendment No. 3)* Evofem Biosciences, Inc. (Name of Issuer) Common Stock, $0.0001 par value per share (Title of

February 1, 2024 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 1, 2024 EVOFEM BIOSCIENC

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 1, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commissi

February 1, 2024 EX-99.1

Evofem Biosciences Announces Strong Preliminary Results, Record Phexxi Net Sales for Fiscal 2023 Evofem Delivers Third Consecutive Year of Phexxi Net Sales Growth Total Operating Expense Reduced More Than 60% from 2022 Levels

Exhibit 99.1 Evofem Biosciences Announces Strong Preliminary Results, Record Phexxi Net Sales for Fiscal 2023 Evofem Delivers Third Consecutive Year of Phexxi Net Sales Growth Total Operating Expense Reduced More Than 60% from 2022 Levels SAN DIEGO, CA, February 1, 2024 —Evofem Biosciences, Inc. (OTCQB: EVFM) today announced strong preliminary, unaudited results for fiscal 2023, including record n

January 31, 2024 EX-2.3

Second Amendment to the Merger Agreement, dated January 20, 2024

Exhibit 2.3 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

January 31, 2024 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): January 30, 2024 EVOFEM BIOSCIENC

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): January 30, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employe

January 25, 2024 8-K/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A (Amendment No. 1) CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 21,

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A (Amendment No. 1) CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 21, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of inc

January 11, 2024 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): January 8, 2024 EVOFEM BIOSCIENCE

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): January 8, 2024 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer

January 11, 2024 EX-10.1

First Amendment to the Merger Agreement, dated January 8, 2024

Exhibit 10.1 THIS FIRST AMENDMENT, dated as of January 8, 2024 (this “Amendment”), to that certain Agreement and Plan of Merger dated as of December 11, 2023 (as amended hereby, 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

December 27, 2023 EX-10.1

Form of Waiver and Rights Exchange Agreement

Exhibit 10.1 EXECUTION COPY WAIVER AND RIGHTS EXCHANGE AGREEMENT This Waiver and Rights 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 7770 Regents Road, Suite 113-618, San Diego CA 92122 (the “Company”) and the investor signatory hereto (the “Holder”),

December 27, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): December 21, 2023 EVOFEM BIOSCIEN

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): December 21, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employ

December 27, 2023 EX-10.2

Form of Amendment and Preferred Exchange Agreement.

Exhibit 10.2 EXECUTION COPY AMENDMENT AND PREFERRED EXCHANGE AGREEMENT This Amendment and Preferred 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 7770 Regents Road, Suite 113-618, San Diego CA 92122 (the “Company”) and the investor signatory hereto (th

December 12, 2023 EX-99.1

Aditxt, Inc. Enters into Definitive Agreement to Acquire Evofem Biosciences, Inc., Creator of Phexxi®, the First and Only FDA-Approved Hormone-Free Contraceptive Gel, to Address Diverse Reproductive Health Needs of Women Globally Evofem posted $13.4

Exhibit 99.1 Aditxt, Inc. Enters into Definitive Agreement to Acquire Evofem Biosciences, Inc., Creator of Phexxi®, the First and Only FDA-Approved Hormone-Free Contraceptive Gel, to Address Diverse Reproductive Health Needs of Women Globally Evofem posted $13.4 million in net sales of Phexxi for the first nine months of 2023; Aditxt looks to accelerate Evofem into the global non-hormonal birth co

December 12, 2023 EX-2.1

Definitive Agreement between the Company and Aditxt, Inc.

Exhibit 2.1 EXECUTION AGREEMENT AND PLAN OF MERGER among ADITXT, INC., ADICURE, INC. and EVOFEM BIOSCIENCES, INC. Dated as of December 11, 2023 TABLE OF CONTENTS Page ARTICLE I CERTAIN DEFINITIONS 2 Section 1.1 Certain Definitions 2 Section 1.2 Terms Defined Elsewhere 2 ARTICLE II THE MERGER 4 Section 2.1 The Merger 4 Section 2.2 Closing 4 Section 2.3 Effect of the Merger 4 Section 2.4 Organizatio

December 12, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): December 11, 2023 EVOFEM BIOSCIEN

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): December 11, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commiss

December 12, 2023 EX-3.1

Certificate of Designation of Series F-1 Preferred Stock

Exhibit 3.1 EXECUTION COPY CERTIFICATE OF DESIGNATIONS OF SERIES F-1 CONVERTIBLE PREFERRED STOCK OF EVOFEM BIOSCIENCES, INC. I, Saundra Pelletier, hereby certify that I am the Chief Executive Officer of Evofem Biosciences, Inc. (the “Company”), a corporation organized and existing under the Delaware General Corporation Law (the “DGCL”), and further do hereby certify: That pursuant to the authority

December 7, 2023 EX-10.1

Form of Senior Subordinated Convertible Note.

Exhibit 10.1 Execution Version FORM OF SENIOR SUBORDINATED CONVERTIBLE NOTE NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I)

December 7, 2023 EX-10.2

Form of Restructuring Agreement.

Exhibit 10.2 Execution Version RESTRUCTURING AGREEMENT This Restructuring Agreement (the “Agreement”) is entered into as of this 1st day of December, 2023, by and between Evofem Biosciences, Inc., a Delaware corporation with offices located at 7770 Regents Road, Suite 113-618, San Diego, California 92122 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the follow

December 7, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): December 1, 2023 EVOFEM BIOSCIENC

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): December 1, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employe

November 14, 2023 EX-99.1

Evofem Biosciences Announces Financial Results for the Third Quarter of 2023 — On track to achieve third consecutive year of revenue growth — — Third consecutive quarter of favorable sales and marketing expense as a percentage of net sales — — Reduce

Exhibit 99.1 Evofem Biosciences Announces Financial Results for the Third Quarter of 2023 — On track to achieve third consecutive year of revenue growth — — Third consecutive quarter of favorable sales and marketing expense as a percentage of net sales — — Reduced loss from operations by 81% vs. Q3 2022 — SAN DIEGO, CA, November 14, 2023 —Evofem Biosciences, Inc. (OTCQB: EVFM) today announced fina

November 14, 2023 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-36754 EVOFE

November 14, 2023 EX-10.12

Amended Employment Agreement, by and between the Registrant and Saundra Pelletier, dated as of November 8, 2023

Exhibit 10.12 EMPLOYMENT AGREEMENT This Employment Agreement (this “Agreement”) is made and entered into this 8th day of November, 2023 (the “Effective Date”) by and between Evofem Biosciences, Inc., a Delaware corporation (“Company”), and Saundra Pelletier (“Employee”). 1. Roles and Duties. (a) Chief Executive Officer Role. Subject to the terms and conditions of this Agreement, Company shall empl

November 14, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 14, 2023 EVOFEM BIOSCIEN

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 14, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commiss

November 14, 2023 EX-10.11

Amended Employment Agreement, by and between the Registrant and Ivy Zhang, dated as of November 8, 2023

Exhibit 10.11 EMPLOYMENT AGREEMENT This Employment Agreement (this “Agreement”) is made and entered into this 8th day of November, 2023 (the “Effective Date”) by and between Evofem Biosciences, Inc., a Delaware corporation (“Company”), and Ivy Zhang (“Employee”). 1. Roles and Duties. (a) Chief Financial Officer Role. Subject to the terms and conditions of this Agreement, Company shall employ Emplo

October 24, 2023 EX-99.1

Evofem Biosciences Announces Preliminary Results for the Third Quarter of 2023 — On track to achieve third consecutive year of net product sales growth — — Third consecutive quarter of favorable net product sales- to- sales and marketing expense rati

Exhibit 99.1 Evofem Biosciences Announces Preliminary Results for the Third Quarter of 2023 — On track to achieve third consecutive year of net product sales growth — — Third consecutive quarter of favorable net product sales- to- sales and marketing expense ratio — — Reduced loss from operations more than 80% vs. prior year quarter — SAN DIEGO, CA, October 24, 2023 —Evofem Biosciences, Inc. (OTCQ

October 24, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 24, 2023 EVOFEM BIOSCIENC

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 24, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commissi

October 3, 2023 EX-10.4

Form of Registration Rights Agreement.

Exhibit 10.4 REGISTRATION RIGHTS AGREEMENT 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”). RECITALS A. In connectio

October 3, 2023 EX-10.3

Form of Warrant.

Exhibit 10.3 [FORM OF SERIES [A][B PREPAID] WARRANT] NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE EXERCISABLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE ABSENCE OF (A)

October 3, 2023 EX-10.2

Form of Senior Subordinated Convertible Note.

Exhibit 10.2 FORM OF SENIOR SUBORDINATED CONVERTIBLE NOTE NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE ABSENCE OF

October 3, 2023 EX-10.1

Securities Purchase Agreement, by and between the Investors therein and the Registrant, dated as of September 27, 2023.

Exhibit 10.1 SECURITIES PURCHASE AGREEMENT 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

October 3, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 27, 2023 EVOFEM BIOSCIE

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 27, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Emplo

September 27, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 27, 2023 EVOFEM BIOSCIE

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 27, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Emplo

September 27, 2023 EX-99.1

Evofem Announces Padagis Will Not Seek FDA Approval to Market a Generic Version of Phexxi Until Evofem’s Phexxi Patents Expire — Padagis Determined They Will Not Challenge the Phexxi Patents — — Evofem Has Phexxi Patent Protection Through 2033 —

Exhibit 99.1 Evofem Announces Padagis Will Not Seek FDA Approval to Market a Generic Version of Phexxi Until Evofem’s Phexxi Patents Expire — Padagis Determined They Will Not Challenge the Phexxi Patents — — Evofem Has Phexxi Patent Protection Through 2033 — SAN DIEGO, September 27, 2023 – Evofem Biosciences, Inc., (OTCQB: EVFM) today announced that Padagis Israel Pharmaceuticals Ltd. (Padagis) ha

September 15, 2023 EX-3.1

Amendment to the amended and Restated Certificate of Incorporation of Evofem Biosciences, Inc

Exhibit 3.1 CERTIFICATE OF AMENDMENT TO THE AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF EVOFEM BIOSCIENCES, Inc. Evofem Biosciences, Inc. (the “Corporation”), a corporation organized and existing under the General Corporation Law of the State of Delaware (the “DGCL”), hereby certifies that: FIRST: The name of this Corporation is Evofem Biosciences, Inc. SECOND: That the Board of Directors

September 15, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 14, 2023 EVOFEM BIOSCIE

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 14, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Emplo

September 11, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 8, 2023 EVOFEM BIOSCIEN

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 8, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employ

September 11, 2023 EX-10.1

Fourth Amendment to Securities Purchase and Security Agreement

Exhibit 10.1 CERTAIN INFORMATION CONTAINED IN THIS EXHIBIT, MARKED BY [***], HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE THE REGISTRANT HAS DETERMINED THAT IT IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. FOURTH AMENDMENT TO SECURITIES PURCHASE AND SECURITY AGREEMENT This Fourth Amendment to Securities Purchase and Security Agreement (this “Amendment”)

September 11, 2023 EX-99.1

Evofem Biosciences Successfully Amends S.P.A. with Institutional Investor — Investor withdraws March 2023 Notice of Default — — Notes are no longer convertible to shares of common stock, removing potential dilution from the previously-reserved over 2

Exhibit 99.1 Evofem Biosciences Successfully Amends S.P.A. with Institutional Investor — Investor withdraws March 2023 Notice of Default — — Notes are no longer convertible to shares of common stock, removing potential dilution from the previously-reserved over 240 million shares of common stock — — Evofem may repurchase Notes within five years for as little as $14 million and no more than $25 mil

August 29, 2023 DEF 14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. )

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☒ Definit

August 28, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): August 25, 2023 EVOFEM BIOSCIENCE

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): August 25, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer

August 28, 2023 EX-99.1

Corporate presentation prepared as of August 25, 2023

Exhibit 99.1

August 18, 2023 PRER14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. 1)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. 1) Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☒ Preliminary Proxy Statement Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☐ Defini

August 18, 2023 8-K/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A (Amendment No. 1) CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 10, 20

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A (Amendment No. 1) CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 10, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incor

August 14, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 14, 2023 EVOFEM BIOSCIENCE

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 14, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commissio

August 14, 2023 EX-99.1

Evofem Biosciences Announces Financial Results for the Second Quarter of 2023 — On track to achieve third consecutive year of revenue growth – — Second consecutive quarter of favorable net product sales to sales and marketing expense ratio — — Reduce

Exhibit 99.1 Evofem Biosciences Announces Financial Results for the Second Quarter of 2023 — On track to achieve third consecutive year of revenue growth – — Second consecutive quarter of favorable net product sales to sales and marketing expense ratio — — Reduced total operating expenses 68% — — Decreased loss from operations by 70% — SAN DIEGO, CA, August 14, 2023 —Evofem Biosciences, Inc. (OTCQ

August 14, 2023 10-Q

  UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One)

  UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-36754 EVOFEM B

August 14, 2023 424B3

3,336,730 Shares of Common Stock Issuable upon Exercise of Outstanding Warrants 7,642,038 Shares of Common Stock Issuable upon Conversion of Senior Subordinated Convertible Notes

PROSPECTUS Filed pursuant to Rule 424(b)(3) Registration No. 333-267591 3,336,730 Shares of Common Stock Issuable upon Exercise of Outstanding Warrants 7,642,038 Shares of Common Stock Issuable upon Conversion of Senior Subordinated Convertible Notes This prospectus relates to the resale from time to time, by the Selling Securityholders identified in this prospectus under the caption “Selling Secu

August 11, 2023 S-1/A

As filed with the Securities and Exchange Commission on August 10, 2023

As filed with the Securities and Exchange Commission on August 10, 2023 Registration Statement No.

August 11, 2023 EX-FILING FEES

Filing Fee Table.

Exhibit 107 Calculation of Filing Fee Tables Form S-1 (Form Type) Evofem Biosciences, Inc.

August 11, 2023 PRE 14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. )

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☒ Preliminary Proxy Statement Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☐ Definit

August 10, 2023 EX-10.5

Equity Exchange Agreement, by and between the Investors therein and the Registrant, dated as of August 7, 2023.

Exhibit 10.5 Execution Copy EXCHANGE AGREEMENT This Exchange Agreement (the “Agreement”) is entered into as of this 7th day of August, 2023, by and between Evofem Biosciences, Inc., a Delaware corporation with offices located at 7770 Regents Rd. Suite 113-618 San Diego California 92122 (the “Company”) and the investor signatory hereto (the “Holder”), with reference to the following facts: A. Prior

August 10, 2023 EX-10.4

Form of Registration Rights Agreement

Exhibit 10.4 Final Execution FORM OF SENIOR SUBORDINATED CONVERTIBLE NOTE NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) I

August 10, 2023 EX-10.1

Securities Purchase Agreement, by and between the Investors therein and the Registrant, dated as of August 4, 2023.

Exhibit 10.1 Final Version SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of August 4, 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 “

August 10, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): August 4, 2023 EVOFEM BIOSCIENCES

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): August 4, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer

August 10, 2023 EX-3.1

Certificate of Designation of Series E-1 Preferred Stock.

Exhibit 3.1 EXECUTION COPY CERTIFICATE OF DESIGNATIONS OF SERIES E-1 CONVERTIBLE PREFERRED STOCK OF EVOFEM BIOSCIENCES, INC. I, Saundra Pelletier, hereby certify that I am the Chief Executive Officer of Evofem Biosciences, Inc. (the “Company”), a corporation organized and existing under the Delaware General Corporation Law (the “DGCL”), and further do hereby certify: That pursuant to the authority

August 10, 2023 CORRESP

August 10, 2023

August 10, 2023 VIA EDGAR United States Securities and Exchange Commission Division of Corporation Finance 100 F Street, N.

August 10, 2023 EX-10.2

Form of Senior Subordinated Convertible Note.

Exhibit 10.2 Execution Version REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of August 4, 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”). RECITALS A

August 10, 2023 EX-10.3

Form of Warrant.

Exhibit 10.3 Execution Version FORM OF WARRANT NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE EXERCISABLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE ABSENCE OF (A) AN EFF

August 3, 2023 S-1/A

As filed with the Securities and Exchange Commission on August 3, 2023

As filed with the Securities and Exchange Commission on August 3, 2023 Registration Statement No.

August 3, 2023 CORRESP

***

PROCOPIO 12544 High Bluff Drive Suite 400 San Diego, CA 92130 T. 858.720.6300 F. 619.235.0398 DEL MAR HEIGHTS Las Vegas Orange County PHOENIX SAN DIEGO SILICON VALLEY Washington DC August 3, 2023 Via EDGAR Securities and Exchange Commission Division of Corporation Finance Office of Real Estate & Construction 100 F Street, N.E. Washington, D.C. 20549-3720 Attention: Lauren Hamill Alan Campbell Re:

August 3, 2023 EX-FILING FEES

Filing Fee Table.

Exhibit 107 Calculation of Filing Fee Tables Form S-1 (Form Type) Evofem Biosciences, Inc.

July 17, 2023 EX-3.1

Amended and Restated Bylaws of the Registrant.

Exhibit 3.1 SECOND AMENDED AND RESTATED BYLAWS OF EVOFEM BIOSCIENCES, INC. (a Delaware Corporation) ARTICLE I STOCKHOLDERS SECTION1. Annual Meetings. The annual meeting of stockholders of Evofem Biosciences, Inc. (the Corporation) for the election of directors and for the transaction of such other business as may properly come before the meeting shall be held each fiscal year at such date and time

July 17, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): July 11, 2023 EVOFEM BIOSCIENCES,

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): July 11, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer o

July 17, 2023 EX-16.1

Deloitte & Touche LLP letter, dated July 17, 2023.

Exhibit 16.1 July 17, 2023 Securities and Exchange Commission 100 F Street, N.E. Washington, D.C. 20549-7561 Dear Sirs/Madams: We have read Item 4.01 of Evofem Biosciences, Inc.’s Form 8-K dated July 17, 2023, and have the following comments: 1. We agree with the statements made in the third, fourth, fifth and sixth paragraphs of 4.01(a). 2. We have no basis on which to agree or disagree with the

July 10, 2023 EX-10.4

Form of Registration Rights Agreement.

Exhibit 10.4 REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of July , 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”). RECITALS A. In connection with

July 10, 2023 EX-10.2

Form of Senior Subordinated Convertible Note.

Exhibit 10.2 EXECUTION VERSION FORM OF SENIOR SUBORDINATED CONVERTIBLE NOTE NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I)

July 10, 2023 S-1

As filed with the Securities and Exchange Commission on July 7, 2023

As filed with the Securities and Exchange Commission on July 7, 2023 Registration Statement No.

July 10, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): July 3, 2023 EVOFEM BIOSCIENCES,

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): July 3, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer of

July 10, 2023 EX-10.3

Form of Warrant.

Exhibit 10.3 FORM OF WARRANT NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE EXERCISABLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE ABSENCE OF (A) AN EFFECTIVE REGISTRATIO

July 10, 2023 EX-FILING FEES

Filing Fee Table.

Exhibit 107 Calculation of Filing Fee Tables Form S-1 (Form Type) Evofem Biosciences, Inc.

July 10, 2023 EX-10.1

Securities Purchase Agreement, by and between the Investors therein and the Registrant, dated as of July 3, 2023.

Exhibit 10.1 SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of July 3, 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 colle

June 20, 2023 8-K

Amended and Restated Certificate of Incorporation

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 20, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of Registrant as Specified in Its Charter) Delaware 001-36754 20-8527075 (State or Other Jurisdiction of Incorporation) (Commission

June 16, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 16, 2023 EVOFEM BIOSCIENCES,

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 16, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

June 16, 2023 EX-99.1

Evofem Biosciences Announces Financial Results for the First Quarter of 2023 – Increased net product revenue 37% in the first quarter of 2023 vs. prior year quarter – – Reduced operating expenses 72% – – Decreased loss from operations by 88% – – Reaf

Exhibit 99.1 Evofem Biosciences Announces Financial Results for the First Quarter of 2023 – Increased net product revenue 37% in the first quarter of 2023 vs. prior year quarter – – Reduced operating expenses 72% – – Decreased loss from operations by 88% – – Reaffirms path to positive EBITDA – SAN DIEGO, CA, June 16, 2023 —Evofem Biosciences, Inc. (OTCQB: EVFMD) today announced financial results f

June 16, 2023 EX-3.1

Amended and Restated Certificate of Incorporation

Exhibit 3.1

June 16, 2023 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-36754 EVOFEM BI

June 16, 2023 EX-10.4

Offer Letter, by and between the Registrant and Ivy Zhang, dated as of April 10, 2023.

Exhibit 10.4

June 1, 2023 EX-99.1

Evofem Biosciences Announces Strong Preliminary Results for the First Quarter of 2023 Increased net product revenue more than 35% in the first quarter of 2023 vs. prior year quarter Reduced operating expenses more than 70% Decreased loss from operati

Exhibit 99.1 Evofem Biosciences Announces Strong Preliminary Results for the First Quarter of 2023 Increased net product revenue more than 35% in the first quarter of 2023 vs. prior year quarter Reduced operating expenses more than 70% Decreased loss from operations more than 85% Reaffirms path to positive EDITDA SAN DIEGO, CA, June 1, 2023 —Evofem Biosciences, Inc. (OTCQB: EVFMD) today announced

June 1, 2023 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 1, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission F

May 17, 2023 EX-99.1

Evofem Biosciences Announces 1-for-125 Reverse Stock Split — CUSIP number for Evofem will change to 30048L302 on May 18, 2023 – — Ticker symbol will change to “EVFMD” for 20 business days, then revert to “EVFM” –

Exhibit 99.1 Evofem Biosciences Announces 1-for-125 Reverse Stock Split — CUSIP number for Evofem will change to 30048L302 on May 18, 2023 – — Ticker symbol will change to “EVFMD” for 20 business days, then revert to “EVFM” – SAN DIEGO, May 17, 2023 – Evofem Biosciences, Inc., (OTCQB: EVFM) (the “Company”) today announced a 1-for-125 reverse stock split of the Company’s common stock, which was app

May 17, 2023 EX-3.2

Certificate of Correction, filed May 17, 2023.

Exhibit 3.2 STATE OF DELAWARE CERTIFICATE OF CORRECTION Evofem Biosciences, Inc. (the “Corporation”), a corporation organized and existing under the General Corporation Law of the State of Delaware, hereby certifies that: FIRST: The name of this Corporation is Evofem Biosciences, Inc. SECOND: That a Certificate of Amendment to the Amended and Restated Certificate of Incorporation of the Corporatio

May 17, 2023 EX-3.1

Certificate of Amendment to the Amended and Restated Certificate of Incorporation

Exhibit 3.1

May 17, 2023 8-K

Regulation FD Disclosure, Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): May 17, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer of

May 12, 2023 NT 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 NOTIFICATION OF LATE FILING Commission File Number: 001-36754

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 NOTIFICATION OF LATE FILING Commission File Number: 001-36754 (Check one): ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended: March 31, 2023 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-F ☐ Transition Report on Form 11-K ☐ Transition Report on

May 5, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 27, 2023 EVOFEM BIOSCIENCES

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 27, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer

May 1, 2023 DEF 14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. )

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) x Defin

April 28, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 28, 2023 EVOFEM BIOSCIENCES

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 28, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

April 28, 2023 EX-99.1

Evofem Biosciences Reports Year-End 2022 Financial Results and Provides Corporate Update — Net product sales more than doubled in 2022 vs. prior year — — Reduced total operating expenses by $74.1 million in 2022 vs. 2021, exceeding stated goal — — Ev

Exhibit 99.1 Evofem Biosciences Reports Year-End 2022 Financial Results and Provides Corporate Update — Net product sales more than doubled in 2022 vs. prior year — — Reduced total operating expenses by $74.1 million in 2022 vs. 2021, exceeding stated goal — — Evofem targeting EBITDA break-even by year-end 2023 — SAN DIEGO, April 28, 2023 - Evofem Biosciences, Inc. (OTCQB: EVFM), the maker of Phex

April 27, 2023 EX-21.1

List of Registrant Subsidiaries

EX-21.1 2 evfm-202210kexhibit211.htm EX-21.1 Exhibit 21.1 Subsidiaries of Evofem Biosciences, Inc. Evofem Biosciences Operations, Inc. Evofem, Inc.

April 27, 2023 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2022 OR ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE TRANSITION PERIOD FROM TO Commission File Number 001-36754 EVOFEM BIOSCIEN

April 14, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 13, 2023 EVOFEM BIOSCIENCES

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 13, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

April 14, 2023 EX-99.1

Evofem Appoints Ivy Zhang as Chief Financial Officer and Secretary

Exhibit 99.1 Evofem Appoints Ivy Zhang as Chief Financial Officer and Secretary SAN DIEGO, April 14, 2023 – Evofem Biosciences, Inc., (OTCQB: EVFM), the maker of Phexxi® (lactic acid, citric acid and potassium bitartrate), today announced the appointment of Ivy Zhang as Chief Financial Officer (CFO) and Secretary, effective April 13, 2023. Reporting to Chief Executive Officer Saundra Pelletier, Ms

April 12, 2023 8-K/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A (Amendment No.1) CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 5, 2023

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A (Amendment No.1) CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 5, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorpor

April 10, 2023 EX-10.1

Form of Securities Purchase Agreement.

Exhibit 10.1 FORM OF SECURITIES PURCHASE AGREEMENT 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

April 10, 2023 EX-10.4

Form of Registration Rights Agreement.

EX-10.4 5 ex10-4.htm Exhibit 10.4 FORM OF REGISTRATION RIGHTS AGREEMENT 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”)

April 10, 2023 EX-10.2

Form of Senior Subordinated Convertible Note.

Exhibit 10.2 FORM OF SENIOR SUBORDINATED CONVERTIBLE NOTE NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE ABSENCE OF

April 10, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 5, 2023 EVOFEM BIOSCIENCES,

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 5, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction (Commission (I.R.S. Employer o

April 10, 2023 EX-10.3

Form of Warrant.

Exhibit 10.3 FORM OF WARRANT NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE EXERCISABLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED (I) IN THE ABSENCE OF (A) AN EFFECTIVE REGISTRATIO

March 31, 2023 NT 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 NOTIFICATION OF LATE FILING Commission File Number: 001-36754

NT 10-K 1 evfm-form12bx25nt10xk.htm NT 10-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 NOTIFICATION OF LATE FILING Commission File Number: 001-36754 (Check one): ☒ Form 10-K ☐ Form 20-F ☐ Form 11-K ☐ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR For Period Ended:December 31, 2022 Transition Report on Form 10-K Transition Report on Form 20-F Transition Rep

March 24, 2023 EX-10.1

Securities Purchase Agreement, by and between the Investors therein and the Registrant, dated as of March 20, 2023.

FORM OF SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of March [], 2023, is by and among Evofem Biosciences, Inc.

March 24, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 20, 2023 EVOFEM BIOSCIENCES

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 20, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

March 24, 2023 EX-10.4

Form of Registration Rights Agreement.

FORM OF REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March [], 2023, is by and among Evofem Biosciences, Inc.

March 24, 2023 EX-10.2

Form of Senior Subordinated Convertible Note.

FORM OF SENIOR SUBORDINATED CONVERTIBLE NOTE NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS.

March 24, 2023 EX-10.3

Form of Warrant.

FORM OF WARRANT NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE EXERCISABLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS.

March 21, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 17, 2023 EVOFEM BIOSCIENCES

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 17, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

March 21, 2023 EX-99.1

Evofem Biosciences Announces Cost Reduction Measures – Company cuts management pay and lowers headcount to decrease operating costs – – Reductions align with corporate goal to reach cash flow break even by year-end 2023 –

Evofem Biosciences Announces Cost Reduction Measures – Company cuts management pay and lowers headcount to decrease operating costs – – Reductions align with corporate goal to reach cash flow break even by year-end 2023 – SAN DIEGO, March 21, 2023 – Evofem Biosciences, Inc.

March 17, 2023 8-K

Financial Statements and Exhibits, Submission of Matters to a Vote of Security Holders

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 15, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

March 14, 2023 EX-10.4

Form of Registration Rights Agreement.

EXECUTION VERSION REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of , is by and among Evofem Biosciences, Inc.

March 14, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 13, 2023 EVOFEM BIOSCIENCES

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 13, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

March 14, 2023 EX-10.1

Securities Purchase Agreement, by and between the Investors therein and the Registrant, dated as of March 13, 2023.

EX-10.1 2 evfmgspapipen-wmarch2023.htm EX-10.1 EXECUTION VERSION SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of , 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

March 14, 2023 EX-10.3

Form of Warrant.

FORM OF WARRANT NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE EXERCISABLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS.

March 14, 2023 EX-10.2

Form of Senior Subordinated Convertible Note.

EX-10.2 3 evfm-formofnotemarch2023.htm EX-10.2 FORM OF SENIOR SUBORDINATED CONVERTIBLE NOTE NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED

March 10, 2023 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 7, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

March 9, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 3, 2023 EVOFEM BIOSCIENCES,

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 3, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commission

March 9, 2023 EX-99.1

Evofem Biosciences Appoints Interim Chief Financial Officer

Evofem Biosciences Appoints Interim Chief Financial Officer SAN DIEGO, CA, March 9, 2023 — Evofem Biosciences, Inc.

February 24, 2023 8-K

Financial Statements and Exhibits, Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 23, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commiss

February 24, 2023 EX-99.1

Evofem Biosciences to Explore Strategic Alternatives to Maximize Shareholder Value

Evofem Biosciences to Explore Strategic Alternatives to Maximize Shareholder Value SAN DIEGO, CA, February 23, 2023 — Evofem Biosciences, Inc.

February 23, 2023 EX-10.1

Securities Purchase Agreement, by and between the Investors therein and the Registrant, dated as of February 17, 2023.

EX-10.1 2 a101evfmgunnarspapipen-wfe.htm EX-10.1 EXECUTED VERSION SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of February 17, 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 o

February 23, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 17, 2023 EVOFEM BIOSCIEN

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 17, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commiss

February 23, 2023 EX-10.4

Form of Registration Rights Agreement.

EXECUTED VERSION FORM OF REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February 17, 2023, is by and among Evofem Biosciences, Inc.

February 23, 2023 EX-10.2

Form of Senior Subordinated Convertible Note.

EX-10.2 3 a102evfmsecuredformofnoteg.htm EX-10.2 FORM OF SENIOR SUBORDINATED CONVERTIBLE NOTE NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERR

February 23, 2023 EX-10.3

Form of Warrant.

EX-10.3 4 a103evfmdecformofwarrantfe.htm EX-10.3 EXECUTED VERSION FORM OF WARRANT NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE EXERCISABLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGN

February 17, 2023 DEFA14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☐ Definitive Proxy State

February 16, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 10, 2023 EVOFEM BIOSCIEN

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 10, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commiss

February 15, 2023 DEF 14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) x Definitive Proxy State

February 14, 2023 SC 13G/A

US30048L2034 / EVOFEM BIOSCIENCES INC / CVI Investments, Inc. - SC 13G/A Passive Investment

CUSIP No: 30048L203 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G (Rule 13d-102) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO § 240.13d-1(b), (c) AND (d) AND AMENDMENTS THERETO FILED PURSUANT TO § 240.13d-2. (Amendment No. 2)* Evofem Biosciences, Inc. (Name of Issuer) Common Stock, $0.0001 par value per share (Title of Class of Securities) 30048L203 (CUSIP Nu

January 27, 2023 PRE 14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a Party other than the Registrant ☐ Check the appropriate box: x Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☐ Definitive Proxy State

January 12, 2023 EX-99.1

Evofem’s Phexxi Contraceptive Gel to be Offered by Female Telehealth Leader Favor (Formerly The Pill Club)

EX-99.1 2 ex99120230112evfmheyfavor.htm EX-99.1 Evofem’s Phexxi Contraceptive Gel to be Offered by Female Telehealth Leader Favor (Formerly The Pill Club) - Phexxi is the first and only hormone-free contraceptive in the Favor product portfolio - SAN DIEGO, CA, January 12, 2023 —Evofem Biosciences, Inc. (OTCQB: EVFM) announced today that female telehealth leader Favor is now a specialty pharmacy pr

January 12, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 12, 2023 EVOFEM BIOSCIENC

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 12, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commissi

January 10, 2023 EX-99.1

Costco Adds Phexxi® to Member Prescription Program

Costco Adds Phexxi® to Member Prescription Program SAN DIEGO, CA, January 10, 2023 —Evofem Biosciences, Inc.

January 10, 2023 8-K

Current Report

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 10, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commissi

January 9, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 9, 2023 EVOFEM BIOSCIENCE

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 9, 2023 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commissio

January 9, 2023 EX-99.1

Multiple New Insurance Wins Expand and Improve Access to Phexxi® for Millions of Women -- Medicaid improves Phexxi coverage for more than 3.7 million lives across 11 states -- -- Largest commercial insurer in Michigan and a marquis university plan in

Multiple New Insurance Wins Expand and Improve Access to Phexxi® for Millions of Women - Medicaid improves Phexxi coverage for more than 3.

January 6, 2023 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2022 ☐ TRANSITION REPO

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2022 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-36754 EVOFE

December 30, 2022 EX-99.1

OTC Markets Group Grants Evofem Additional Time to File Quarterly Report on Form 10-Q for the Quarter Ended September 30, 2022

EX-99.1 2 ex991-20221229evfmxextens.htm EX-99.1 OTC Markets Group Grants Evofem Additional Time to File Quarterly Report on Form 10-Q for the Quarter Ended September 30, 2022 SAN DIEGO, CA, December 29, 2022 —Evofem Biosciences, Inc. (OTCQB: EVFM) today announced that it has been granted additional time by the OTC Markets Group to file its Quarterly Report on Form 10-Q for the quarter ended Septem

December 30, 2022 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 29, 2022 EVOFEM BIOSCIEN

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 29, 2022 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commiss

December 21, 2022 EX-10.2

Form of Senior Secured Convertible Note

FORM OF SENIOR SECURED CONVERTIBLE NOTE NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE CONVERTIBLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS.

December 21, 2022 EX-10.4

Form of Registration Rights Agreement

REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of December 21, 2022, is by and among Evofem Biosciences, Inc.

December 21, 2022 EX-10.3

Form of Warrant

[FORM OF WARRANT] NEITHER THE ISSUANCE AND SALE OF THE SECURITIES REPRESENTED BY THIS CERTIFICATE NOR THE SECURITIES INTO WHICH THESE SECURITIES ARE EXERCISABLE HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS.

December 21, 2022 EX-10.1

Form of Securities Purchase Agreement

SECURITIES PURCHASE AGREEMENT This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of December 20, 2022, is by and among Evofem Biosciences, Inc.

December 21, 2022 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 16, 2022 EVOFEM BIOSCIEN

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 16, 2022 EVOFEM BIOSCIENCES, INC. (Exact name of registrant as specified in its charter) Delaware 001-36754 20-8527075 (State or other jurisdiction of incorporation) (Commiss

December 21, 2022 EX-10.5

First Amendment to Forbearance Agreement

bbievofemxfirstamendmen 105931676.1 FIRST AMENDMENT TO FORBEARANCE AGREEMENT This First Amendment to Forbearance Agreement (this “Amendment”) is entered into as of December 15, 2022 (the “Amendment Effective Date”) 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 b

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