Re: 3(a)(9) Exchange Agreement3(a)(9) Exchange Agreement • March 24th, 2022 • Evofem Biosciences, Inc. • Pharmaceutical preparations • Delaware
This letter agreement (the “Agreement”) confirms the agreement of Evofem Biosciences, Inc. (the “Company”), and [___] (the “Stockholder”), pursuant to which the Stockholder has agreed to exchange 1,700 shares of Series B-2 Convertible Preferred Stock, par value $0.0001 per share, of the Company (the “Series B-2 Preferred Stock”), beneficially owned by the Stockholder in consideration for a total of 1,700 shares of Series C Convertible Preferred Stock of the Company (the “Series C Preferred Stock”), which shall have the rights, preferences and privileges set forth in the Certificate of Designation set forth on Exhibit A attached hereto (the “COD”). In consideration of the foregoing, the Company and the Stockholder agree as follows:
