Evofem Biosciences, Inc. [•] Shares (par value $0.0001 per share) Underwriting AgreementUnderwriting Agreement • April 24th, 2018 • Evofem Biosciences, Inc. • Pharmaceutical preparations • New York
Evofem Biosciences, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A (the “Underwriters”) an aggregate of [•] shares of common stock (the “Common Stock”), par value $0.0001 per share (the “Firm Securities”). In addition, the Company has granted to the Underwriters an option to purchase up to an additional [•] shares of Common Stock pursuant to such option, which are collectively called the “Option Securities.” The Firm Securities and, if and to the extent such option is exercised, the Option Securities, are collectively called the “Offered Securities.” RBC Capital Markets, LLC (“RBC”) and Cantor Fitzgerald & Co. (“Cantor”) have agreed to act as representatives of the several Underwriters (in such capacity, the “Representatives”) in connection with the offering and sale of the Offered Securities.
