Evofem Biosciences, Inc. 17,142,857 Shares Underwriting AgreementUnderwriting Agreement • March 25th, 2021 • 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 17,142,857 shares of common stock (the “Common Stock”), par value $0.0001 per share (the “Firm Shares”). In addition, the Company has granted to the Underwriters an option to purchase up to an additional 2,571,428 shares of Common Stock pursuant to such option, which are collectively called the “Option Shares”. The Firm Shares and, if and to the extent such option is exercised, the Option Shares are collectively called the “Offered Shares.” Morgan Stanley & Co. LLC (“Morgan Stanley”) and Stifel, Nicolaus & Company, Incorporated (“Stifel”) 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 Shares.
