Evofem Biosciences Inc. filed SEC Form 8-K: Entry into a Material Definitive Agreement, Financial Statements and Exhibits
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Item 1.01. Entry into a Material Definitive Agreement.
License and Supply Agreement
As previously reported in that Current Report on Form 8-K dated March 26, 2025, on March 20, 2025, Evofem Biosciences, Inc. (the “Company”) entered into a License and Supply Agreement (the “Agreement”) with Windtree Therapeutics, Inc., (“Windtree”), wherein Windtree agreed to become a manufacturer and supplier of PHEXXI® (lactic acid, citric acid and potassium bitartrate). On March 28, 2025, the Company and Windtree entered into Amendment 1 (“Amendment 1”) to clarify several definitions and terms in the Agreement including but not limited to:
| ● | the Effective Date of the Agreement is March 20, 2025; | |
| ● | adjusting the Binding Forecast Period; | |
| ● | address supply chain disruptions and delivery dates; | |
| ● | clarify Purchase Price term and reductions. |
Item 1.01 of this Current Report on Form 8-K contains only a brief description of the material terms of Amendment 1 and does not purport to be a complete description of such. Such description is qualified in its entirety by reference to the full text of Amendment 1, which is attached as Exhibit 10.1 to this Current Report on Form 8-K.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
| Exhibit No. | Description | |
| 10.1* | Amendment No. 1 to License and Supply Agreement dated March 20, 2025 | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document). |
* Furnished herewith.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| EVOFEM BIOSCIENCES, INC. | ||
| Dated: April 3, 2025 | By: | /s/ Saundra Pelletier |
| Saundra Pelletier | ||
| Chief Executive Officer | ||