Evofem Biosciences, Inc. [•] Shares and Pre-Funded Warrants to Purchase [●] Shares of Common Stock and Warrants to Purchase [●] Shares of Common Stock Underwriting AgreementUnderwriting Agreement • May 16th, 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”) (i) an aggregate of [●] shares of common stock (the “Common Stock”), par value $0.0001 per share (the “Firm Shares”), (ii) pre-funded warrants (the “Pre-Funded Warrants”) to purchase up to an aggregate of [●] shares of Common Stock at an exercise price of $0.01 per share and (iii) warrants of the Company to purchase [●] shares of Common Stock (the “Warrant Shares”) at an exercise price equal to $[●] per share (the “Firm Warrants”). The [●] Firm Shares, the [●] Pre-Funded Warrants and the [●] Firm Warrants to be sold by the Company are collectively referred to as the “Firm Securities.” In addition, the Company has granted to the Underwriters an option to purchase (i) up to an additional [●] shares of Common Stock pursuant to such option, which are collectively called the “Option Shares” and/or (ii) up to an additional [●] warra
