---
schema_version: "secwatch.filing_event.v1"
accession: "0001493152-23-046163"
form_type: "8-K"
ticker: "EVFM"
cik: "0001618835"
company_name: "Evofem Biosciences, Inc."
filed_at: "2023-12-27T23:59:59+00:00"
generated_at: "2026-06-07T06:55:00.671759+00:00"
event_type: "m_and_a"
sentiment: "neutral"
materiality_score: 0.6
calibrated_materiality_score: 0.6
confidence: "high"
source: SEC EDGAR
---

# Evofem Biosciences enters exchange agreements for Series F-1 Preferred Stock in connection with Aditxt merger

## Summary
- Evofem exchanged certain rights and warrants with holders for 22,280 shares of new Series F-1 Convertible Preferred Stock.
- The exchange agreements were executed on Dec 21, 2023, following the merger agreement with Aditxt signed on Dec 11, 2023.
- Holders agreed to waive change of control redemption rights related to the merger in exchange for new rights and preferred stock.
- The Series F-1 Preferred Stock will later be exchanged for Aditxt preferred stock prior to merger consummation.
- The exchange was exempt from registration under Section 3(a)(9) of the Securities Act.

## SEC filing metadata
- accession: 0001493152-23-046163
- form_type: 8-K
- ticker: EVFM
- cik: 0001618835
- company_name: Evofem Biosciences, Inc.
- filed_at: 2023-12-27T23:59:59+00:00
- event_type: m_and_a
- sentiment: neutral
- materiality_score: 0.6
- calibrated_materiality_score: 0.6
- confidence: high
- sec_items: 1.01, 9.01
- EDGAR index: https://www.sec.gov/Archives/edgar/data/1618835/000149315223046163/0001493152-23-046163-index.htm
- EDGAR primary document: https://www.sec.gov/Archives/edgar/data/1618835/000149315223046163/form8-k.htm

## Machine-readable alternates
- HTML: https://secwatch.observer/filing/0001493152-23-046163
- JSON: https://secwatch.observer/filing/0001493152-23-046163.json
- Plain text: https://secwatch.observer/filing/0001493152-23-046163.txt

## Key facts
- Material Agreements
  Evofem Biosciences, Inc. entered into Rights Exchange Agreement with Holders of previously issued Securities valued at Exchange of Original Rights for New Rights (effective 2023-12-21).
  - Action: entry
  - Counterparty: Holders of previously issued Securities
  - Value: Exchange of Original Rights for New Rights
  - Effective: 2023-12-21
  source text: On December 21, 2023, Evofem Biosciences, Inc. (the “Company”) entered into the following agreements with holders (each a “Holder”) of certain of the Company’s previously issued Securities (as defined below) (i) a waiver and rights exchange agreement (the “Rights Exchange Agreements")
  evidence_url: https://www.sec.gov/Archives/edgar/data/1618835/000149315223046163/0001493152-23-046163-index.htm

This AI-assisted summary is a reading aid. Review the linked SEC EDGAR filing before relying on any specific claim.