FORM OF PRE-FUNDED COMMON STOCK PURCHASE WARRANT] EVOFEM BIOSCIENCES, INC.Evofem Biosciences, Inc. • May 23rd, 2022 • Pharmaceutical preparations • New York
THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date set forth above (the “Initial Exercise Date”) and until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Evofem Biosciences, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
FORM OF COMMON STOCK PURCHASE WARRANT] EVOFEM BIOSCIENCES, INC.Evofem Biosciences, Inc. • May 23rd, 2022 • Pharmaceutical preparations • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on May [_], 202[_] (the “Termination Date”) but not thereafter, to subscribe for and purchase from Evofem Biosciences, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is one of the Warrants to purchase Common Stock issued pursuant to (i) that certain Underwriting Agreement (the “Underwriting Agreement”), dated as of May [_], 2022 (the “Subscription Date”), by and among t
Evofem Biosciences, Inc. 22,665,000 Shares of Common Stock 12,835,000 Pre- Funded Warrants to Purchase Shares of Common Stock and Warrants to Purchase 71,000,000 Shares of Common Stock Underwriting AgreementEvofem Biosciences, Inc. • May 23rd, 2022 • 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 (a) 22,665,000 shares of common stock (the “Common Stock”), par value $0.0001 per share (the “Firm Shares”), and (b) 12,835,000 pre-funded warrants (the “Pre-Funded Warrants”) to purchase 12,835,000 shares of Common Stock at an exercise price of $0.001 per share and (ii) 71,000,000 common stock warrants to purchase 71,000,000 shares of Common Stock (the “Common Warrants” and, collectively with the Firm Shares and the Pre-Funded Warrants, the “Firm Securities”). The amount and form of the Firm Securities to be purchased by the Underwriters is set forth opposite its name on Schedule A hereto. In addition, the Company has granted to the Underwriters an option to purchase no additional shares of Common Stock (the “Option Shares”) and/or no Common Warrants to purchase shares of Common Stock (the “Option Warrants
