AMENDMENT NO. 6 TO FINANCING AGREEMENTFinancing Agreement • November 9th, 2020 • TherapeuticsMD, Inc. • Pharmaceutical preparations • New York
AMENDMENT NO. 6 TO FINANCING AGREEMENT, dated as of November 8, 2020 (this “Amendment”), to the Financing Agreement, dated as of April 24, 2019 (as amended, restated, supplemented or otherwise modified from time to time, the “Financing Agreement”), by and among THERAPEUTICSMD, INC., a Nevada corporation (“Company” or “Borrower”), certain Subsidiaries of Borrower, as Guarantors, the Lenders from time to time party thereto, and SIXTH STREET SPECIALTY LENDING, INC., a Delaware corporation (“Sixth Street”), as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent”).
AMENDMENT NO. 2 TO THE COMMERCIAL SUPPLY AGREEMENT BETWEEN THERAPEUTCSMD, INC. AND CATALENT PHARMA SOLUTIONS, LLCCommercial Supply Agreement • November 9th, 2020 • TherapeuticsMD, Inc. • Pharmaceutical preparations • Delaware
This Amendment No. 2 to the Commercial Supply Agreement (“Second Amendment”) is made as of this 29th day of September, 2020 (“Second Amendment Effective Date”) by and between TherapeuticsMD, Inc., a Nevada corporation, with a place of business at 951 Yamato Road, Suite 220, Boca Raton, Florida 33431 (“Client”), and Catalent Pharma Solutions, LLC, a Delaware limited liability company, having a place of business at 14 Schoolhouse Road, Somerset, New Jersey 08873 (“Catalent”).
AMENDMENT NO. 1 TO THE COMMERCIAL SUPPLY AGREEMENT BETWEEN THERAPEUTICSMD, INC. AND CATALENT PHARMA SOLUTIONS, LLC (Estradiol and Progesterone softgel capsules)The Commercial Supply Agreement • November 9th, 2020 • TherapeuticsMD, Inc. • Pharmaceutical preparations • Delaware
This Amendment No. 1 (the "First Amendment") by and between THERAPEUTICSMD, INC. ("TXMD") and CATALENT PHARMA SOLUTIONS, LLC ("CATALENT"), to the Agreement (as defined below), is made as of this 1st day of December, 2017 (the "First Amendment Effective Date"). TXMD and CATALENT are sometimes herein referred to individually as a "Party" and collectively as the "Parties".
AMENDMENT TO COMPANY WARRANTCompany Warrant • November 9th, 2020 • TherapeuticsMD, Inc. • Pharmaceutical preparations • New York
This AMENDMENT TO THE COMPANY WARRANT (this “Amendment”), dated as of November 8, 2020, is by and among TherapeuticsMD, Inc., a Nevada corporation (the “Company”), Tao Finance 1, LLC, a Delaware limited liability company (“Tao Finance”), Redwood IV Finance 1, LLC, a Delaware limited liability company (“Redwood IV”) and Sixth Street Specialty Lending, Inc., a Delaware corporation (“Sixth Street” and together with Tao Finance and Redwood IV, collectively the “Holders”).
AMENDMENT NO. 2 TO THE SOFTGEL COMMERCIAL SUPPLY AGREEMENT BETWEEN THERAPEUTCSMD, INC. AND CATALENT PHARMA SOLUTIONS, LLC (Estradiol and Progesterone softgel capsules)Supply Agreement • November 9th, 2020 • TherapeuticsMD, Inc. • Pharmaceutical preparations • Delaware
This Amendment No. 2 to the Softgel Commercial Supply Agreement (“Second Amendment”) is made as of this 29th day of September, 2020 (“Second Amendment Effective Date”) by and between TherapeuticsMD, Inc., a Nevada corporation, with a place of business at 951 Yamato Road, Suite 220, Boca Raton, Florida 33431 (“Client”), and Catalent Pharma Solutions, LLC, a Delaware limited liability company, having a place of business at 14 Schoolhouse Road, Somerset, New Jersey 08873 (“Catalent”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • November 9th, 2020 • TherapeuticsMD, Inc. • Pharmaceutical preparations • Nevada
This Indemnification Agreement (this “Agreement”), dated as of [●] [●], 20[__] (“Effective Date”), is by and between TherapeuticsMD, Inc., a Nevada corporation (the “Company”), and [NAME OF DIRECTOR/OFFICER] (the “Indemnitee”).
