0001104659-22-002509 Sample Contracts

AGILE THERAPEUTICS, INC. Shares of Common Stock (par value $0.0001 per share) Controlled Equity OfferingSM Sales Agreement
Sales Agreement • January 10th, 2022 • Agile Therapeutics Inc • Pharmaceutical preparations • New York

Agile Therapeutics, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. ( “Cantor”) and H.C. Wainwright & Co., LLC (“HCW”; each of Cantor and HCW individually an “Agent” and together, the “Agents”), as follows:

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Waiver and Second Amendment to Credit Agreement and Guaranty
Waiver and Second Amendment • January 10th, 2022 • Agile Therapeutics Inc • Pharmaceutical preparations • New York

This Waiver and Second Amendment to Credit Agreement and Guaranty (herein, this “Agreement”) is entered into as of January 7, 2022 (the “Second Amendment Effective Date”), by and among Agile Therapeutics, Inc., a Delaware corporation (the “Borrower”), the Lenders party hereto (each a “Lender” and collectively, the “Lenders”) and Perceptive Credit Holdings III, LP, a Delaware limited partnership, as a lender and as administrative agent for the Lenders (in such capacity, together with its successors and assigns, the “Administrative Agent”).

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