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Evofem Biosciences, Inc.

For the period ended Dec 31, 2025. Filed Mar 11, 2026.

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About 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

EVFM$0.48-23.4%Stored close · as of Aug 10, 2022

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Contents

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 SheetsF-5
Consolidated Statements of OperationsF-6
Consolidated Statements of Comprehensive OperationsF-7
Consolidated Statements of Convertible and Redeemable Preferred Stock and Stockholders’ DeficitF-8
Consolidated Statements of Cash FlowsF-9
Notes to Consolidated Financial StatementsF-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
2.1Definitive agreement by and between the Company and Aditxt, Inc.8-K001-3675412/12/2023
2.2First Amendment to the Merger Agreement, dated January 8, 20248-K001-367541/11/2024
2.3Second Amendment to the Merger Agreement, dated January 20, 20248-K001-367541/31/2024
2.4Third Amendment to the Merger Agreement, dated February 29, 20248-K001-367543/6/2024
2.5Reinstatement and Fourth Amendment to Merger Agreement dated May 2, 20248-K001-367545/2/2024
2.6Amended and Restated Plan of Merger, by and between the Company, Aditxt, Inc. and Adifem, Inc.8-K001-367547/18/2024
2.7First Amendment to the Amended and Restated Agreement and Plan of Merger, by and between the Company, Aditxt, Inc., and Adifem, Inc., dated August 16, 20248-K001-367548/20/2024
2.8Second Amendment to the Amended and Restated Agreement and Plan of Merger, by and between the Company, Aditxt, Inc., and Adifem, Inc., dated September 6, 20248-K001-367549/6/2024
2.9Third Amendment to the Amended and Restated Agreement and Plan of Merger, by and among the Company, Aditxt, Inc. and Adifem, Inc., dated October 2, 20248-K001-3675410/3/2024
2.10Fourth Amendment to the Amended and Restated Agreement and Plan of Merger, by and among the Company, Aditxt, Inc. and Adifem, Inc., dated November 19, 20248-K001-3675411/25/2024
2.11Fifth Amendment to the Amended and Restated Agreement and Plan of Merger by and among the Company, Aditxt, Inc. and Adifem, Inc., dated March 22, 202510-K001-367543/28/2025
2.12Sixth Amendment to the Amended and Restated Merger Agreement, dated August 26, 20258-K001-367548/26/2025
3.1Certificate of Designation of the Series A Preferred Stock of the Company.8-K001-367543/25/2020
3.2Certificate of Designation of Preferences, Rights and Limitations of Series B-1 Convertible Preferred Stock.8-K001-3675410/12/2021
3.3Certificate of Designation of Preferences, Rights and Limitations of Series C Convertible Preferred Stock8-K001-367543/24/2022
3.4Certificate of Amendment to the Amended and Restated Certificate of Incorporation8-K001-367545/5/2022
3.5Amended and Restated Certificate of Incorporation10-Q001-367545/10/2022
3.6Certificate of Designation of Series D Preferred Shares8-K001-3675412/21/2022
3.7Certificate of Amendment to the Amended and Restated Certificate of Incorporation8-K001-367545/17/2023
3.8Amended and Restated Bylaws of the Registrant.8-K001-367547/17/2023
3.9Certificate of Designation of Series E-1 Preferred Stock.8-K001-367548/10/2023
3.10Amendment to the amended and Restated Certificate of Incorporation of Evofem Biosciences, Inc8-K001-367549/15/2023
3.11Amended and Restated certificate of Designation of Series F-1 Convertible Preferred Stock8-K001-367546/26/2024
3.12Certificate of Designations of the Series G-1 Preferred Stock8-K001-367548/26/2025
4.1Form of Stock Certificate.10-K001-367542/26/2018
4.2Description of Evofem’s securities registered pursuant to Section 12 of the Securities Exchange Act of 1934.X
10.1Form of Support Agreement, by and between the Company and the Investor, dated as of October 28, and October 30, 2024.8-K001-3675410/31/2024
10.22014 Employee Stock Purchase Plan.S-1/A333-19944911/10/2014
10.3Form of Stock Option Agreement under Amended and Restated 2014 Equity Incentive Plan.S-1/A333-19944911/10/2014
10.4Form of Restricted Stock Units Agreement under the Amended and Restated 2014 Equity Incentive Plan.S-1/A333-19944911/10/2014
10.5Form of Restricted Stock Agreement under the Amended and Restated 2014 Equity Incentive Plan.S-1/A333-19944911/10/2014
10.6Form of Notice of Grant of Restricted Stock Units under the Amended and Restated 2014 Equity Incentive Plan.S-1/A333-19944911/10/2014
10.7Form of Notice of Grant of Restricted Stock under the Amended and Restated 2014 Equity Incentive Plan.S-1/A333-19944911/10/2014
10.8Form of Notice of Grant of Stock Option under the Amended and Restated 2014 Equity Incentive Plan.S-1/A333-19944911/10/2014
10.9Form of Indemnification Agreement, by and between the Registrant and each of its directors and executive officers.S-1333-19944910/17/2017
10.10Form of Stock Option Agreement under 2007 Stock Plan.S-1333-19944910/17/2017
10.11Evofem Biosciences Operations, Inc. Amended and Restated 2012 Equity Incentive Plan.S-4333-22159211/15/2017
10.12Form of Notice of Option Grant and Option Agreement under the Evofem Biosciences Operations, Inc. Amended and Restated 2012 Equity Incentive Plan.S-4333-22159211/15/2017
10.13Amended and Restated License Agreement, by and between Rush University Medical Center and Evofem, Inc. dated as of March 27, 2014.S-4333-22159211/15/2017
10.14Executive Employment Agreement, dated as of July 2, 2018, by and between the Registrant and Saundra Pelletier.8-K001-367547/3/2018
10.15Form of Notice of Grant of Stock Option under the 2018 Inducement Equity Incentive Plan.10-Q001-367548/2/2018
10.16Evofem Biosciences, Inc. 2019 Employee Stock Purchase Plan.8-K001-367546/5/2019
10.17Supply and Manufacturing Agreement, dated November 4, 2019, by and between the Registrant and DPT Laboratories, Ltd.10-K001-367543/12/2020
10.18Securities 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-K001-367544/27/2020
10.19Intellectual 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-K001-367544/27/2020
10.20Securities 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-K001-3675410/15/2020
10.21Letter 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-K001-3675410/15/2020
10.22Amendment No. 1 to Amended and Restated License Agreement, by and between Rush University Medical Center and Evofem, Inc., dated September 29, 202010-Q001-3675411/9/2020
10.23Evofem Biosciences, Inc. Amended and Restated 2014 Equity Incentive Plan.10-K001-367543/4/2021
10.24Evofem Biosciences, Inc. Incentive Recoupment Policy10-K001-367543/4/2021
10.25First 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-K001-3675411/22/2021
10.26Amended and Restated Non-Employee Director Compensation Policy (currently in effect).10-K001-367543/10/2022
10.27Second 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-K001-367543/21/2022
10.28Forbearance Agreement, dated as of September 15, 2022, by and among Evofem Biosciences, Inc. and certain institutional investors.8-K001-367549/16/2022
10.29Forbearance 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-K001-367549/16/2022
10.30Subordination 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-K001-367549/16/2022
10.31Third 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-K001-367549/16/2022
10.32First Amendment to Forbearance Agreement8-K001-3675412/21/2022
10.33†Fourth Amendment to Securities Purchase and Security Agreement8-K001-367549/11/2023
10.34ΔAmended Employment Agreement, by and between the Company and Ivy Zhang, dated as of November 8, 2024.10-Q001-3675411/14/2024
10.35ΔAmended Employment Agreement, by and between the Company and Saundra Pelletier, dated as of November 8, 2024.10-Q001-3675411/14/2024
10.36License and Supply Agreement dated March 20, 20258-K001-367543/26/2025
10.37Amendment No. 1 to License and Supply Agreement dated March 20, 20258-K001-367544/3/2025
10.38Form of Securities Purchase Agreement8-K001-367547/2/2025
10.39Form of Senior Subordinated Convertible Note8-K001-367547/2/2025
10.40Form of Warrant8-K001-367547/2/2025
10.41Form of Call Option Agreement8-K001-367544/14/2025
10.42First Amendment to Development and Supply Agreement dated May 3, 20258-K001-367545/8/2025
10.43License Agreement by and between the Company and Pharma 1 Drug Store, L.L.C8-K001-367545/22/2025
10.44Form of Exchange Agreement8-K001-367548/26/2025
10.45Third Amendment to Securities Purchase Agreement dated as of October 13, 20258-K001-3675410/17/2025
19.1Insider trading policies and proceduresX
19.2Incentive compensation recoupment policyX
21.1List of SubsidiariesX
23.1Consent of BPM LLPX
31.1Certification 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
31.2Certification 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
32.1Certification 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.INSInline XBRL Instance DocumentX
101.SCHInline XBRL Taxonomy Extension Schema DocumentX
101.CALInline XBRL Taxonomy Extension Calculation Linkbase DocumentX
101.DEFInline XBRL Definition Linkbase DocumentX
101.LABInline XBRL Taxonomy Extension Labels Linkbase DocumentX
101.PREInline XBRL Taxonomy Extension Presentation Linkbase DocumentX
104Cover Page Interactive Data File (embedded within the Inline XBRL document)X
ΔManagement 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.
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