---
schema_version: "secwatch.filing_event.v1"
accession: "0001493152-24-017598"
form_type: "8-K"
ticker: "EVFM"
cik: "0001618835"
company_name: "Evofem Biosciences, Inc."
filed_at: "2024-05-02T23:59:59+00:00"
generated_at: "2026-06-03T00:33:44.261243+00:00"
event_type: "m_and_a"
sentiment: "neutral"
materiality_score: 0.7
calibrated_materiality_score: 0.7
confidence: "high"
source: SEC EDGAR
---

# Evofem reinstates merger with Aditxt after termination, secures $1M payment and new terms

## Summary
- On May 2, Evofem, Aditxt and merger sub reinstated the merger agreement after termination on April 26.
- Aditxt made a $1M initial payment; must invest up to $2.5M in Series F-1 Preferred via subsequent capital raises by July 1.
- Termination date extended from May 8 to July 15, 2024; no-shop provision eliminated.
- Evofem granted termination rights if $1M not paid by May 3 or interim milestones missed.
- Evofem waived Aditxt's prior non-compliance with initial equity investment obligation.

## SEC filing metadata
- accession: 0001493152-24-017598
- form_type: 8-K
- ticker: EVFM
- cik: 0001618835
- company_name: Evofem Biosciences, Inc.
- filed_at: 2024-05-02T23:59:59+00:00
- event_type: m_and_a
- sentiment: neutral
- materiality_score: 0.7
- calibrated_materiality_score: 0.7
- confidence: high
- sec_items: 1.01, 1.02, 9.01
- EDGAR index: https://www.sec.gov/Archives/edgar/data/1618835/000149315224017598/0001493152-24-017598-index.htm
- EDGAR primary document: https://www.sec.gov/Archives/edgar/data/1618835/000149315224017598/form8-k.htm

## Machine-readable alternates
- HTML: https://secwatch.observer/filing/0001493152-24-017598
- JSON: https://secwatch.observer/filing/0001493152-24-017598.json
- Plain text: https://secwatch.observer/filing/0001493152-24-017598.txt

## Key facts
- Material Agreements
  Evofem Biosciences, Inc. amended Merger Agreement with Aditxt, Inc. valued at Reinstated and amended Merger Agreement via Fourth Amendment, including $1,000,000 initial payment, (effective 2024-05-02).
  - Action: amendment
  - Agreement: merger
  - Counterparty: Aditxt, Inc.
  - Value: Reinstated and amended Merger Agreement via Fourth Amendment, including $1,000,000 initial payment,
  - Effective: 2024-05-02
  source text: On May 2, 2024, the Company, the Merger Sub and Aditxt entered into the Reinstatement and Fourth Amendment to the Merger Agreement (the "Fourth Amendment") in order to waive and amend, among other things, the several provisions listed below.
  evidence_url: https://www.sec.gov/Archives/edgar/data/1618835/000149315224017598/0001493152-24-017598-index.htm
- Material Agreements
  Evofem Biosciences, Inc. terminated Merger Agreement with Aditxt, Inc. valued at Company terminated Merger Agreement effective April 26, 2024 in accordance with Section 8.1(f) of th (effective 2024-04-26).
  - Action: termination
  - Agreement: merger
  - Counterparty: Aditxt, Inc.
  - Value: Company terminated Merger Agreement effective April 26, 2024 in accordance with Section 8.1(f) of th
  - Effective: 2024-04-26
  source text: On April 26, 2024, the Company delivered a termination notice to Aditxt notifying it that the Company was exercising its right to terminate the Merger Agreement effective April 26, 2024 (the "Termination Notice"), in accordance with Section 8.1(f) of the Merger Agreement, as revised in the third amendment to the Merger Agreement, made on February 29, 2024.
  evidence_url: https://www.sec.gov/Archives/edgar/data/1618835/000149315224017598/0001493152-24-017598-index.htm

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