Evofem Biosciences, Inc.
For the period ended Dec 31, 2025. Filed Mar 11, 2026.
View on SEC.govAbout this filing
A company's yearly report to the SEC, with audited financial statements. It is the fullest account a company gives of its business, its finances and the risks it sees.
FY2025 · Filed Mar 11, 2026
Extracted filing text, with the paragraph anchors used by the comparison.
See the whole filing, with its images and exhibitsContents
Item 15. Exhibits and Financial Statement Schedules
(a) Documents filed as part of this Annual Report
1. Financial Statements.
| Report of Independent Registered Public Accounting Firm (PCAOB ID No. 207) | F-1 |
|---|---|
| Consolidated Balance Sheets | F-5 |
| Consolidated Statements of Operations | F-6 |
| Consolidated Statements of Comprehensive Operations | F-7 |
| Consolidated Statements of Convertible and Redeemable Preferred Stock and Stockholders’ Deficit | F-8 |
| Consolidated Statements of Cash Flows | F-9 |
| Notes to Consolidated Financial Statements | F-10 |
The Reports of Independent Registered Public Accounting Firms, the consolidated financial statements and the notes to the consolidated financial statements listed above are set forth beginning on page F-1, immediately following the signature pages of this Annual Report.
2. Financial Statement Schedules.
All schedules are omitted because they are not applicable or the required information is shown in the consolidated financial statements or notes thereto.
3. Exhibits Required to Be Filed by Item 601 of Regulation S-K.
A list of exhibits is set forth on the following page and is incorporated herein by reference.
EXHIBIT INDEX
| Exhibit · Filed · Incorporated by Reference | ||||
|---|---|---|---|---|
| No. · Exhibit Title · Herewith · Form · File No. · Date Filed | ||||
| 2.1 | Definitive agreement by and between the Company and Aditxt, Inc. | 8-K | 001-36754 | 12/12/2023 |
| 2.2 | First Amendment to the Merger Agreement, dated January 8, 2024 | 8-K | 001-36754 | 1/11/2024 |
| 2.3 | Second Amendment to the Merger Agreement, dated January 20, 2024 | 8-K | 001-36754 | 1/31/2024 |
| 2.4 | Third Amendment to the Merger Agreement, dated February 29, 2024 | 8-K | 001-36754 | 3/6/2024 |
| 2.5 | Reinstatement and Fourth Amendment to Merger Agreement dated May 2, 2024 | 8-K | 001-36754 | 5/2/2024 |
| 2.6 | Amended and Restated Plan of Merger, by and between the Company, Aditxt, Inc. and Adifem, Inc. | 8-K | 001-36754 | 7/18/2024 |
| 2.7 | First Amendment to the Amended and Restated Agreement and Plan of Merger, by and between the Company, Aditxt, Inc., and Adifem, Inc., dated August 16, 2024 | 8-K | 001-36754 | 8/20/2024 |
| 2.8 | Second Amendment to the Amended and Restated Agreement and Plan of Merger, by and between the Company, Aditxt, Inc., and Adifem, Inc., dated September 6, 2024 | 8-K | 001-36754 | 9/6/2024 |
| 2.9 | Third Amendment to the Amended and Restated Agreement and Plan of Merger, by and among the Company, Aditxt, Inc. and Adifem, Inc., dated October 2, 2024 | 8-K | 001-36754 | 10/3/2024 |
| 2.10 | Fourth Amendment to the Amended and Restated Agreement and Plan of Merger, by and among the Company, Aditxt, Inc. and Adifem, Inc., dated November 19, 2024 | 8-K | 001-36754 | 11/25/2024 |
| 2.11 | Fifth Amendment to the Amended and Restated Agreement and Plan of Merger by and among the Company, Aditxt, Inc. and Adifem, Inc., dated March 22, 2025 | 10-K | 001-36754 | 3/28/2025 |
| 2.12 | Sixth Amendment to the Amended and Restated Merger Agreement, dated August 26, 2025 | 8-K | 001-36754 | 8/26/2025 |
| 3.1 | Certificate of Designation of the Series A Preferred Stock of the Company. | 8-K | 001-36754 | 3/25/2020 |
| 3.2 | Certificate of Designation of Preferences, Rights and Limitations of Series B-1 Convertible Preferred Stock. | 8-K | 001-36754 | 10/12/2021 |
| 3.3 | Certificate of Designation of Preferences, Rights and Limitations of Series C Convertible Preferred Stock | 8-K | 001-36754 | 3/24/2022 |
| 3.4 | Certificate of Amendment to the Amended and Restated Certificate of Incorporation | 8-K | 001-36754 | 5/5/2022 |
| 3.5 | Amended and Restated Certificate of Incorporation | 10-Q | 001-36754 | 5/10/2022 |
| 3.6 | Certificate of Designation of Series D Preferred Shares | 8-K | 001-36754 | 12/21/2022 |
| 3.7 | Certificate of Amendment to the Amended and Restated Certificate of Incorporation | 8-K | 001-36754 | 5/17/2023 |
| 3.8 | Amended and Restated Bylaws of the Registrant. | 8-K | 001-36754 | 7/17/2023 |
| 3.9 | Certificate of Designation of Series E-1 Preferred Stock. | 8-K | 001-36754 | 8/10/2023 |
| 3.10 | Amendment to the amended and Restated Certificate of Incorporation of Evofem Biosciences, Inc | 8-K | 001-36754 | 9/15/2023 |
| 3.11 | Amended and Restated certificate of Designation of Series F-1 Convertible Preferred Stock | 8-K | 001-36754 | 6/26/2024 |
| 3.12 | Certificate of Designations of the Series G-1 Preferred Stock | 8-K | 001-36754 | 8/26/2025 |
| 4.1 | Form of Stock Certificate. | 10-K | 001-36754 | 2/26/2018 | |
| 4.2 | Description of Evofem’s securities registered pursuant to Section 12 of the Securities Exchange Act of 1934. | X | |||
| 10.1 | Form of Support Agreement, by and between the Company and the Investor, dated as of October 28, and October 30, 2024. | 8-K | 001-36754 | 10/31/2024 | |
| 10.2 | 2014 Employee Stock Purchase Plan. | S-1/A | 333-199449 | 11/10/2014 | |
| 10.3 | Form of Stock Option Agreement under Amended and Restated 2014 Equity Incentive Plan. | S-1/A | 333-199449 | 11/10/2014 | |
| 10.4 | Form of Restricted Stock Units Agreement under the Amended and Restated 2014 Equity Incentive Plan. | S-1/A | 333-199449 | 11/10/2014 | |
| 10.5 | Form of Restricted Stock Agreement under the Amended and Restated 2014 Equity Incentive Plan. | S-1/A | 333-199449 | 11/10/2014 | |
| 10.6 | Form of Notice of Grant of Restricted Stock Units under the Amended and Restated 2014 Equity Incentive Plan. | S-1/A | 333-199449 | 11/10/2014 | |
| 10.7 | Form of Notice of Grant of Restricted Stock under the Amended and Restated 2014 Equity Incentive Plan. | S-1/A | 333-199449 | 11/10/2014 | |
| 10.8 | Form of Notice of Grant of Stock Option under the Amended and Restated 2014 Equity Incentive Plan. | S-1/A | 333-199449 | 11/10/2014 | |
| 10.9 | Form of Indemnification Agreement, by and between the Registrant and each of its directors and executive officers. | S-1 | 333-199449 | 10/17/2017 | |
| 10.10 | Form of Stock Option Agreement under 2007 Stock Plan. | S-1 | 333-199449 | 10/17/2017 | |
| 10.11 | Evofem Biosciences Operations, Inc. Amended and Restated 2012 Equity Incentive Plan. | S-4 | 333-221592 | 11/15/2017 | |
| 10.12 | Form of Notice of Option Grant and Option Agreement under the Evofem Biosciences Operations, Inc. Amended and Restated 2012 Equity Incentive Plan. | S-4 | 333-221592 | 11/15/2017 | |
| 10.13 | Amended and Restated License Agreement, by and between Rush University Medical Center and Evofem, Inc. dated as of March 27, 2014. | S-4 | 333-221592 | 11/15/2017 | |
| 10.14 | Executive Employment Agreement, dated as of July 2, 2018, by and between the Registrant and Saundra Pelletier. | 8-K | 001-36754 | 7/3/2018 |
| 10.15 | Form of Notice of Grant of Stock Option under the 2018 Inducement Equity Incentive Plan. | 10-Q | 001-36754 | 8/2/2018 |
| 10.16 | Evofem Biosciences, Inc. 2019 Employee Stock Purchase Plan. | 8-K | 001-36754 | 6/5/2019 |
| 10.17 | Supply and Manufacturing Agreement, dated November 4, 2019, by and between the Registrant and DPT Laboratories, Ltd. | 10-K | 001-36754 | 3/12/2020 |
| 10.18 | Securities Purchase and Security Agreement, dated as of April 23, 2020, by and among Evofem Biosciences, Inc., its wholly-owned domestic subsidiaries as guarantors, certain affiliates of Baker Bros. Advisors LP, as purchasers, and Baker Bros. Advisors LP, as designated agent. | 8-K | 001-36754 | 4/27/2020 |
| 10.19 | Intellectual Property Security Agreement, dated as of April 23, 2020, by and among Evofem Biosciences, Inc., Evofem, Inc. and Baker Bros. Advisors LP, as collateral agent. | 8-K | 001-36754 | 4/27/2020 |
| 10.20 | Securities Purchase Agreement, dated as of October 14, 2020, by and among Evofem Biosciences, Inc., Adjuvant Global Health Technology Fund, L.P. and Adjuvant Global Health Technology Fund DE, L.P., as purchasers. | 8-K | 001-36754 | 10/15/2020 |
| 10.21 | Letter Agreement, dated as of October 14, 2020, by and among Evofem Biosciences, Inc., Adjuvant Global Health Technology Fund, L.P. and Adjuvant Global Health Technology Fund DE, L.P. | 8-K | 001-36754 | 10/15/2020 |
| 10.22 | Amendment No. 1 to Amended and Restated License Agreement, by and between Rush University Medical Center and Evofem, Inc., dated September 29, 2020 | 10-Q | 001-36754 | 11/9/2020 |
| 10.23 | Evofem Biosciences, Inc. Amended and Restated 2014 Equity Incentive Plan. | 10-K | 001-36754 | 3/4/2021 |
| 10.24 | Evofem Biosciences, Inc. Incentive Recoupment Policy | 10-K | 001-36754 | 3/4/2021 |
| 10.25 | First Amendment to Securities Purchase and Security Agreement, dated as of November 20, 2021, by and among Evofem Biosciences, Inc., certain affiliates of Baker Bros. Advisors LP, as purchasers, and Baker Bros. Advisors LP, as designated agent. | 8-K | 001-36754 | 11/22/2021 |
| 10.26 | Amended and Restated Non-Employee Director Compensation Policy (currently in effect). | 10-K | 001-36754 | 3/10/2022 |
| 10.27 | Second Amendment to Securities Purchase and Security Agreement, dated as of April 23, 2020, by and among Evofem Biosciences, Inc., certain affiliates of Baker Bros. Advisors LP, as purchasers, and Baker Bros. Advisors LP, as designated agent. | 8-K | 001-36754 | 3/21/2022 |
| 10.28 | Forbearance Agreement, dated as of September 15, 2022, by and among Evofem Biosciences, Inc. and certain institutional investors. | 8-K | 001-36754 | 9/16/2022 | ||
| 10.29 | Forbearance Agreement, dated as of September 15, 2022, by and among Evofem Biosciences, Inc., Adjuvant Global Health Technology Fund, LP, and Adjuvant Global Health Technology Fund, DE, LP. | 8-K | 001-36754 | 9/16/2022 | ||
| 10.30 | Subordination Agreement, dated as of September 15, 2022, by and among Global Health Technology Fund, LP, Adjuvant Global Health Technology Fund, DE, LP, and certain institutional investors and their designated agent. | 8-K | 001-36754 | 9/16/2022 | ||
| 10.31 | Third Amendment to Securities Purchase and Security Agreement, dated as of September 15, 2022, by and among Evofem Biosciences, Inc., certain institutional investor and their designated agent. | 8-K | 001-36754 | 9/16/2022 | ||
| 10.32 | First Amendment to Forbearance Agreement | 8-K | 001-36754 | 12/21/2022 | ||
| 10.33 | † | Fourth Amendment to Securities Purchase and Security Agreement | 8-K | 001-36754 | 9/11/2023 | |
| 10.34 | Δ | Amended Employment Agreement, by and between the Company and Ivy Zhang, dated as of November 8, 2024. | 10-Q | 001-36754 | 11/14/2024 | |
| 10.35 | Δ | Amended Employment Agreement, by and between the Company and Saundra Pelletier, dated as of November 8, 2024. | 10-Q | 001-36754 | 11/14/2024 | |
| 10.36 | License and Supply Agreement dated March 20, 2025 | 8-K | 001-36754 | 3/26/2025 | ||
| 10.37 | Amendment No. 1 to License and Supply Agreement dated March 20, 2025 | 8-K | 001-36754 | 4/3/2025 | ||
| 10.38 | Form of Securities Purchase Agreement | 8-K | 001-36754 | 7/2/2025 | ||
| 10.39 | Form of Senior Subordinated Convertible Note | 8-K | 001-36754 | 7/2/2025 | ||
| 10.40 | Form of Warrant | 8-K | 001-36754 | 7/2/2025 | ||
| 10.41 | Form of Call Option Agreement | 8-K | 001-36754 | 4/14/2025 | ||
| 10.42 | First Amendment to Development and Supply Agreement dated May 3, 2025 | 8-K | 001-36754 | 5/8/2025 | ||
| 10.43 | License Agreement by and between the Company and Pharma 1 Drug Store, L.L.C | 8-K | 001-36754 | 5/22/2025 | ||
| 10.44 | Form of Exchange Agreement | 8-K | 001-36754 | 8/26/2025 | ||
| 10.45 | Third Amendment to Securities Purchase Agreement dated as of October 13, 2025 | 8-K | 001-36754 | 10/17/2025 | ||
| 19.1 | Insider trading policies and procedures | X | ||||
| 19.2 | Incentive compensation recoupment policy | X | ||||
| 21.1 | List of Subsidiaries | X | ||||
| 23.1 | Consent of BPM LLP | X | ||||
| 31.1 | Certification of Principal Executive Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | X | ||||
| 31.2 | Certification of Principal Financial Officer Pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | X | ||||
| 32.1 | Certification of Principal Executive Officer and Principal Financial Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | X | ||||
| 101.INS | Inline XBRL Instance Document | X | ||||
| 101.SCH | Inline XBRL Taxonomy Extension Schema Document | X | ||||
| 101.CAL | Inline XBRL Taxonomy Extension Calculation Linkbase Document | X | ||||
| 101.DEF | Inline XBRL Definition Linkbase Document | X | ||||
| 101.LAB | Inline XBRL Taxonomy Extension Labels Linkbase Document | X | ||||
| 101.PRE | Inline XBRL Taxonomy Extension Presentation Linkbase Document | X | ||||
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) | X | ||||
| Δ | Management Compensation Plan or arrangement. |
|---|---|
| † | Portions of this exhibit (indicated by asterisks) have been omitted pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended. |
The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.