TherapeuticsMD, Inc. Common Stock Underwriting AgreementUnderwriting Agreement • February 16th, 2021 • TherapeuticsMD, Inc. • Pharmaceutical preparations • New York
TherapeuticsMD, Inc., a Nevada corporation (the “Company”), proposes, subject to the terms and conditions stated in this Underwriting Agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto, if any (the “Underwriters”), for whom Cantor Fitzgerald & Co. is acting as representative (the “Representative”, “you” or “your”), an aggregate of 59,459,460 shares (the “Firm Shares”) and, at the election of the Underwriters, up to 8,918,919 additional shares (the “Optional Shares”) of Common Stock, par value $0.001 per share (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).
