TXMD / TherapeuticsMD, Inc. - SEC-arkiveringar, Årsredovisning, Fullmaktsutlåtande

TherapeuticsMD, Inc.
US ˙ NasdaqGS ˙ US88338N2062

Grundläggande statistik
LEI 5299004JS7RE49QHRW30
CIK 25743
SEC Filings
All companies that sell securities in the United States must register with the Securities and Exchange Commission (SEC) and file reports on a regular basis. These reports include company annual reports (10K, 10Q), news updates (8K), investor presentations (found in 8Ks), insider trades (form 4), ownership reports (13D, and 13G), and reports related to the specific securities sold, such as registration statements and prospectus. This page shows recent SEC filings related to TherapeuticsMD, Inc.
SEC Filings (Chronological Order)
Denna sida innehåller en komplett, kronologisk lista över SEC-arkiveringar, exklusive ägande-arkiveringar som vi tillhandahåller på andra ställen.
August 12, 2025 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): August 12, 2025 THERAPEUTICSMD, I

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): August 12, 2025 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

August 12, 2025 EX-99.1

TherapeuticsMD Announces Second Quarter 2025 Financial Results

Exhibit 99.1 TherapeuticsMD Announces Second Quarter 2025 Financial Results BOCA RATON, Fla.-(BUSINESS WIRE)—August 12, 2025 - TherapeuticsMD, Inc. (“TherapeuticsMD” or the “Company”) (NASDAQ: TXMD), a company that owns rights to pharmaceutical royalties, today reported financial results for the three months ended June 30, 2025. Second Quarter 2025 Financial Results Net Income (Loss) from Continui

August 12, 2025 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2025 ☐ TRANSITION REPORT PU

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2025 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 Therapeuti

May 13, 2025 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): May 13, 2025 THERAPEUTICSMD, INC.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): May 13, 2025 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File Nu

May 13, 2025 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2025 ☐ TRANSITION REPORT P

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2025 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 Therapeut

May 13, 2025 EX-99.1

TherapeuticsMD Announces First Quarter 2025 Financial Results

Exhibit 99.1 TherapeuticsMD Announces First Quarter 2025 Financial Results BOCA RATON, Fla.-(BUSINESS WIRE)—May 13, 2025 - TherapeuticsMD, Inc. (“TherapeuticsMD” or the “Company”) (NASDAQ: TXMD), a company that owns rights to pharmaceutical royalties, today reported financial results for the three months ended March 31, 2025. First Quarter 2025 Financial Results Net Loss from Continuing Operations

April 30, 2025 10-K/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K/A (Amendment No. 1) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2024 ☐ TRANSITION REPO

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K/A (Amendment No. 1) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2024 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 THERA

April 9, 2025 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): April 8, 2025 THERAPEUTICSMD, INC

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): April 8, 2025 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File N

March 27, 2025 EX-10.36

Amendment, dated December 17, 2024, to the Employment Agreement, dated as of December 18, 2018, as extended effective February 21, 2023, by and between TherapeuticsMD, Inc. and Marlan Walker

Exhibit 10.36 FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT This Fourth Amendment (“Amendment”) to the Employment Agreement (“Agreement”), effective December 18, 2018, as amended effective October 15, 2021, February 21, 2023, and December 17, 2024, is entered into by and between TherapeuticsMD, Inc. with a place of business at 951 Yamato Road, Suite 220, Boca Raton, Florida 33431 (“TherapeuticsMD”); an

March 27, 2025 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2024 ☐ TRANSITION REPORT PURSUA

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2024 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 THERAPEUTICSMD

March 27, 2025 8-K

Regulation FD Disclosure, Results of Operations and Financial Condition, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): March 27, 2025 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

March 27, 2025 EX-99.1

TherapeuticsMD Announces Full Year 2024 Financial Results

Exhibit 99.1 TherapeuticsMD Announces Full Year 2024 Financial Results BOCA RATON, Fla.-(BUSINESS WIRE)—March 27, 2025 - TherapeuticsMD, Inc. (“TherapeuticsMD” or the “Company”) (NASDAQ: TXMD), a company that owns rights to pharmaceutical royalties, today reported financial results for the full year ended December 31, 2024. Full Year 2024 Financial Results Net Loss from Continuing Operations · Net

March 27, 2025 EX-21.1

Subsidiaries of the Company

Exhibit 21.1 Subsidiaries of the Company Name State or Jurisdiction of Incorporation or Organization VitaMedMD, LLC Delaware BocagreenMD, Inc. Nevada

March 27, 2025 EX-19

Insider Trading Policy

Exhibit 19 THERAPEUTICSMD, INC. AMENDED AND RESTATED INSIDER TRADING POLICY (Adopted March 25, 2025) I. INTRODUCTION “Insider trading” refers generally to buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security. Insider trading violations may also include “tipping” such info

February 12, 2025 EX-1

JOINT FILING AGREEMENT

EX-1 2 exhibit1.htm Exhibit 1 JOINT FILING AGREEMENT This Joint Filing Agreement, dated as of February 12, 2025, is by and among Clearline Capital LP, Clearline Capital LLC and Marc Majzner (collectively, the “Filers”). Each of the Filers may be required to file with the United States Securities and Exchange Commission a statement on Schedule 13D and/or 13G with respect to shares of Common Stock o

December 5, 2024 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): December 5, 2024 THERAPEUTICSMD,

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): December 5, 2024 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fil

November 12, 2024 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2024 ☐ TRANSITION REPO

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2024 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 Thera

November 12, 2024 SC 13G

TXMD / TherapeuticsMD, Inc. / Clearline Capital LP Passive Investment

SC 13G 1 txmd.htm UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. )* TherapeuticsMD, Inc. (Name of Issuer) Common Stock (Title of Class of Securities) 88338N206 (CUSIP Number) September 30, 2024 (Date of Event which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuan

November 12, 2024 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): November 12, 2024 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fi

November 12, 2024 EX-99.1

TherapeuticsMD Announces Third Quarter 2024 Financial Results

Exhibit 99.1 TherapeuticsMD Announces Third Quarter 2024 Financial Results BOCA RATON, Fla.-(BUSINESS WIRE)—November 12, 2024 - TherapeuticsMD, Inc. (“TherapeuticsMD” or the “Company”) (NASDAQ: TXMD), a company that owns rights to pharmaceutical royalties, today reported financial results for the third quarter ended September 30, 2024. Third Quarter 2024 Financial Results Net Income (Loss) from Co

October 25, 2024 DEF 14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☒ Definitive Proxy Statement ☐ Definitive Additional Materials ☐ Soliciting Material Pursuant to §240.

October 25, 2024 DEFA14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☐ Definitive Proxy Statement ☒ Definitive Additional Materials ☐ Soliciting Material Pursuant to §240.

September 20, 2024 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): September 20, 2024 TherapeuticsMD

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): September 20, 2024 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission F

August 12, 2024 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): August 12, 2024 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

August 12, 2024 EX-99.1

TherapeuticsMD Announces Second Quarter 2024 Financial Results

Exhibit 99.1 TherapeuticsMD Announces Second Quarter 2024 Financial Results BOCA RATON, Fla.-(BUSINESS WIRE)—August 12, 2024 - TherapeuticsMD, Inc. (“TherapeuticsMD” or the “Company”) (NASDAQ: TXMD), a company that owns rights to pharmaceutical royalties, today reported financial results for the second quarter ended June 30, 2024. Second Quarter 2024 Financial Results Net Income (Loss) from Contin

August 12, 2024 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2024 ☐ TRANSITION REPORT PU

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2024 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 Therapeuti

June 14, 2024 AW

June 14, 2024

June 14, 2024 VIA EDGAR U.S. Securities and Exchange Commission Division of Corporation Finance 100 F Street, N.E. Washington, D.C. 20549 Re: TherapeuticsMD, Inc. – Application for Withdrawal of Post-Effective Amendment No. 2 to Registration Statement on Form S-3 (File No. 333-253851) Reference is made to the Registration Statement on Form S-3ASR filed with the Securities and Exchange Commission (

May 10, 2024 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2024 ☐ TRANSITION REPORT P

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2024 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 Therapeut

May 10, 2024 EX-99.1

TherapeuticsMD Announces First Quarter 2024 Financial Results

Exhibit 99.1 TherapeuticsMD Announces First Quarter 2024 Financial Results BOCA RATON, Fla.-(BUSINESS WIRE)—May 10, 2024- TherapeuticsMD, Inc. (“TherapeuticsMD” or the “Company”) (NASDAQ: TXMD), a company that owns rights to pharmaceutical royalties, today reported financial results for the first quarter ended March 31, 2024. First Quarter 2024 Financial Results Net Income (Loss) from Continuing O

May 10, 2024 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): May 10, 2024 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File Nu

April 29, 2024 10-K/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K/A (Amendment No. 1) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2023 ☐ TRANSITION REPO

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K/A (Amendment No. 1) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 THERA

March 29, 2024 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2023 ☐ TRANSITION REPORT PURSUA

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 THERAPEUTICSMD

March 29, 2024 EX-21.1

Subsidiaries of the Company

Exhibit 21.1 Subsidiaries of the Company Name State or Jurisdiction of Incorporation or Organization VitaMedMD, LLC Delaware BocagreenMD, Inc. Nevada

March 29, 2024 EX-97.1

TherapeuticsMD, Inc. Policy on Recoupment of Incentive Compensation (37)

Exhibit 97.1 THERAPEUTICSMD, INC. POLICY ON RECOUPMENT OF INCENTIVE COMPENSATION Introduction The Board of Directors (the “Board”) of TherapeuticsMD, Inc. (the “Company”) has adopted this Policy on Recoupment of Incentive Compensation (this “Policy”), which provides for the recoupment of compensation in certain circumstances in the event of a restatement of financial results by the Company. This P

March 29, 2024 EX-99.1

TherapeuticsMD Announces Full Year 2023 Financial Results

Exhibit 99.1 TherapeuticsMD Announces Full Year 2023 Financial Results ● Evaluation of strategic alternatives continues BOCA RATON, Fla.-(BUSINESS WIRE)-Mar. 29, 2024- TherapeuticsMD, Inc. (“TherapeuticsMD” or the “Company”) (NASDAQ: TXMD), a company that owns rights to pharmaceutical royalties, today reported financial results for the full year ended December 31, 2023. “We continue to explore a v

March 29, 2024 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): March 29, 2024 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

November 17, 2023 SC 13D/A

US88338N2062 / TherapeuticsMD, Inc. / Rubric Capital Management LP - SC 13D/A Activist Investment

SC 13D/A 1 tm2330964d1sc13da.htm SC 13D/A SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D/A Under the Securities Exchange Act of 1934 (Amendment No. 3)* TherapeuticsMD, Inc. (Name of Issuer) Common Stock, $0.001 par value per share (Title of Class of Securities) 88338N206 (CUSIP Number) Rubric Capital Management LP 155 East 44th St, Suite 1630 New York, NY 10017 Attention: B

November 14, 2023 EX-99.1

TherapeuticsMD Announces Third Quarter 2023 Financial Results Focus remains on cost control to maximize the value of our royalty assets Company announces evaluation of strategic alternatives

Exhibit 99.1 TherapeuticsMD Announces Third Quarter 2023 Financial Results Focus remains on cost control to maximize the value of our royalty assets Company announces evaluation of strategic alternatives BOCA RATON, Fla. – November 14, 2023 – TherapeuticsMD, Inc. (“TherapeuticsMD” or the “Company”) (NASDAQ: TXMD), a company that owns rights to pharmaceutical royalties, today reported financial res

November 14, 2023 EX-10.1

Master Services Agreement, dated August 15, 2023, between TherapeuticsMD, Inc. and JZ Advisory Group (36)

Exhibit 10.1 MASTER SERVICES AGREEMENT This MASTER SERVICES AGREEMENT (this “Agreement”), is effective as of August 15, 2023 (the “Effective Date”), by and between TherapeuticsMD, Inc., a Nevada corporation maintaining its offices at 951 Yamato Road, Suite 220, Boca Raton, Florida 33431, and its Affiliates (collectively, “TherapeuticsMD”), and JZ Advisory Group, a Florida limited liability company

November 14, 2023 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2023 or ☐ TRANSITION R

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Numbe

November 14, 2023 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): November 14, 2023 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fi

August 18, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): August 15, 2023 THERAPEUTICSMD, I

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): August 15, 2023 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

August 14, 2023 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2023 or ☐ TRANSITION REPORT

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 00

August 14, 2023 EX-99.1

TherapeuticsMD Announces Second Quarter 2023 Financial Results

Exhibit 99.1 TherapeuticsMD Announces Second Quarter 2023 Financial Results BOCA RATON, Fla. – August 14, 2023 – TherapeuticsMD, Inc. (“TherapeuticsMD” or the “Company”) (NASDAQ: TXMD), a company that owns rights to pharmaceutical royalties, today reported financial results for the second quarter ended June 30, 2023. “The Company’s transformation into a royalty-based business is ongoing. As we pha

August 14, 2023 EX-3.1

Composite Amended and Restated Articles of Incorporation of the Company, as amended (7)

Exhibit 3.1 THIS COMPOSITE AMENDED AND RESTATED ARTICLES OF INCORPORATION, AS AMENDED, OF THERAPEUTICSMD, INC. (THE “CORPORATION”) REFLECTS THE PROVISIONS OF THE CORPORATION’S ARTICLES OF INCORPORATION, AS AMENDED AND RESTATED ON AUGUST 3, 2011, AND ALL AMENDMENTS THERETO FILED WITH THE SECRETARY OF STATE OF THE STATE OF NEVADA THEREAFTER ON OR PRIOR TO JUNE 27, 2023, BUT IS NOT AN AMENDMENT AND/O

August 14, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): August 14, 2023 THERAPEUTICSMD, I

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): August 14, 2023 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

July 10, 2023 EX-16.1

Letter of Grant Thornton LLP dated July 10, 2023.

EX-16.1 Exhibit 16.1 GRANT THORNTON LLP July 10, 2023 801 Brickell Ave., Suite #2450 Miami, FL 33131 U.S. Securities and Exchange Commission D +1 305 341 8040 Office of the Chief Accountant F +1 305 341 8099 100 F Street, NE Washington, DC 20549 Re: TherapeuticsMD, Inc. File No. 001-00100 Dear Sir or Madam: We have read Item 4.01 of Form 8-K of TherapeuticsMD, Inc. dated July 10, 2023, and agree w

July 10, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): July 7, 2023 THERAPEUTICSMD, INC.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): July 7, 2023 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File Nu

July 6, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): June 29, 2023 THERAPEUTICSMD, INC

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): June 29, 2023 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File N

July 6, 2023 EX-3.1

Fourth Amendment to Bylaws of the Company, dated June 29, 2023 (13)

EX-3.1 Exhibit 3.1 FOURTH AMENDMENT TO BYLAWS TherapeuticsMD, Inc., a Nevada corporation (the “Company”), desires to amend its Bylaws. Article XIII – Inapplicability of NRS 78.378 through 78.3793 Article XIII of the Bylaws shall be deleted in its entirety and replaced with the following: ARTICLE XIII – (INAPPLICABILITY OF NRS 78.378 THROUGH 78.3793) Notwithstanding any other provision of these Byl

June 30, 2023 SC 13D/A

US88338N2062 / TherapeuticsMD, Inc. / Rubric Capital Management LP - SC 13D/A Activist Investment

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D/A Under the Securities Exchange Act of 1934 (Amendment No. 2)* TherapeuticsMD, Inc. (Name of Issuer) Common Stock, $0.001 par value per share (Title of Class of Securities) 88338N206 (CUSIP Number) Rubric Capital Management LP 155 East 44th St, Suite 1630 New York, NY 10017 Attention: Brian Kleinhaus 212-418-1888 (Name, Address

June 28, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): June 26, 2023 THERAPEUTICSMD, INC

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): June 26, 2023 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File N

May 17, 2023 DEFA14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

DEFA14A Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☐ Definitive Proxy Statement ☒ Definitive Additional Materials ☐ Soliciting Material Pursuant to §240.

May 17, 2023 DEF 14A

Subscription Agreement, dated May 1, 2023, between TherapeuticsMD, Inc. and Rubric Capital Management LP.

DEF 14A Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a party other than the Registrant ☐ Check the appropriate box: ☐ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☒ Definitive Proxy Statement ☐ Definitive Additional Materials ☐ Soliciting Material Pursuant to §240.

May 15, 2023 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2023 or ☐ TRANSITION REPOR

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2023 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 0

May 15, 2023 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): May 15, 2023 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File Nu

May 15, 2023 EX-99.1

TherapeuticsMD Announces First Quarter 2023 Financial Results

EX-99.1 Exhibit 99.1 TherapeuticsMD Announces First Quarter 2023 Financial Results BOCA RATON, Fla. – May 15, 2023 – TherapeuticsMD, Inc. (“TherapeuticsMD” or the “Company”) (NASDAQ: TXMD), a company that owns rights to pharmaceutical royalties, today reported financial results for the first quarter ended March 31, 2023. First Quarter 2023 Financial Results Net Loss from Continuing Operations • Ne

May 5, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): May 1, 2023 TherapeuticsMD, Inc.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): May 1, 2023 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File Num

May 1, 2023 PRE 14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

PRE 14A Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant ☒ Filed by a party other than the Registrant ☐ Check the appropriate box: ☒ Preliminary Proxy Statement ☐ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ☐ Definitive Proxy Statement ☐ Definitive Additional Materials ☐ Soliciting Material Pursuant to §240.

May 1, 2023 10-K/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K/A (Amendment No. 1) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2022 or ☐ TRANSITION R

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K/A (Amendment No. 1) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2022 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 THERA

April 21, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): April 21, 2023 THERAPEUTICSMD, IN

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): April 21, 2023 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

April 7, 2023 EX-10.45

Amendment No. 1 to the License Agreement between TherapeuticsMD, Inc. and Mayne Pharma LLC, dated as of December 30, 2022 (15)

Exhibit 10.45 [***] CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN EXCLUDED PURSUANT TO REGULATION S-K, ITEM 601(B)(2). SUCH EXCLUDED INFORMATION IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. Execution Version AMENDMENT No. 1 to the License Agreement between Mayne Pharma LLC and TherapeuticsMD, Inc. This Amendment No. 1 (“Amendment”) is entered into as

April 7, 2023 EX-4.2

Description of Securities of the Company (15)

Exhibit 4.2 DESCRIPTION OF THE REGISTRANT’S SECURITIES REGISTERED PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934 As of December 31, 2022, the only class of securities of TherapeuticsMD, Inc., a Nevada corporation (the “Company”), registered under Section 12 of the Securities Exchange Act of 1934, as amended, is common stock, par value $0.001 per share (“common stock”). Overview This

April 7, 2023 EX-99.1

TherapeuticsMD Announces Full Year 2022 Financial Results and Provides Update on Business Model Transition

EX-99.1 Exhibit 99.1 TherapeuticsMD Announces Full Year 2022 Financial Results and Provides Update on Business Model Transition BOCA RATON, Fla. – April 7, 2023 – TherapeuticsMD, Inc. (“TherapeuticsMD” or the “Company”) (NASDAQ: TXMD), a company that owns rights to pharmaceutical royalties, today reported financial results for the full year ended December 31, 2022. “As a result of the transaction

April 7, 2023 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): April 7, 2023 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File N

April 7, 2023 EX-10.47

Amended and Restated Employment Agreement, dated as of December 18, 2018, by and between TherapeuticsMD, Inc. and Marlan Walker (15)

Exhibit 10.47 Amended and restated EMPLOYMENT AGREEMENT THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”), by and between TherapeuticsMD, Inc., a Nevada corporation (the “Company”), and Marlan Walker (“Executive”) is entered into and effective as of the 18 day of December 2018 (the “Effective Date”). WHEREAS, the Company and Executive previously entered into an employment agreement

April 7, 2023 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2022 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 THERAPEUTICSMD

April 7, 2023 EX-21.1

Subsidiaries of the Company

Exhibit 21.1 Subsidiaries of the Company Name State or Jurisdiction of Incorporation or Organization VitaMedMD, LLC Delaware BocagreenMD, Inc. Nevada

April 7, 2023 EX-10.46

Amendment No. 1 to the Transaction Agreement between TherapeuticsMD, Inc. and Mayne Pharma LLC, dated as of December 30, 2022 (15)

Exhibit 10.46 Execution Version AMENDMENT No. 1 to the Transaction Agreement between Mayne Pharma LLC and TherapeuticsMD, Inc. This Amendment No. 1 (“Amendment”) is entered into as of December 30, 2022 (“Amendment Effective Date”) by and between Mayne Pharma LLC, a limited liability company formed under the laws of Delaware and located at 3301 Benson Drive Suite 401, Raleigh NC 27609 (“Mayne”), an

April 7, 2023 EX-10.48

Amendment, effective October 15, 2021, to the Employment Agreement, dated as of December 18, 2018, by and between TherapeuticsMD, Inc. and Marlan Walker (15)

Exhibit 10.48 AMENDMENT TO EMPLOYMENT AGREEMENT This Amendment (“Amendment”) to the Employment Agreement (“Agreement”), effective December 18, 2018, by and between TherapeuticsMD, Inc. with a place of business at 6800 Broken Sound Parkway NW, 3rd Floor, Boca Raton, Florida 33487 (“TherapeuticsMD”); and Marlan Walker (“Executive”). WHEREAS, the Agreement exists between TherapeuticsMD and Executive

March 31, 2023 NT 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 12b-25 NOTIFICATION OF LATE FILING (Check One): ☒ Form 10-K ☐ Form 20-F ☐ Form 11-K ☐ Form 10-Q ☐ Form 10-D ☐ Form N-CEN ☐ Form N-CSR For Period Ended: December 31, 2022 ☐ Tra

NT 10-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 12b-25 NOTIFICATION OF LATE FILING (Check One): ☒ Form 10-K ☐ Form 20-F ☐ Form 11-K ☐ Form 10-Q ☐ Form 10-D ☐ Form N-CEN ☐ Form N-CSR For Period Ended: December 31, 2022 ☐ Transition Report on Form 10-K ☐ Transition Report on Form 20-F ☐ Transition Report on Form 11-K ☐ Transition Report on Form 10-Q For the Transition Period Ended: Read Instruction (on back page) Before Preparing Form.

February 27, 2023 EX-10.2

General Consulting and Services Agreement by and between TherapeuticsMD, Inc. and MCD Consulting Management Services, LLC, dated February 21, 2023 (34)

EX-10.2 Exhibit 10.2 GENERAL CONSULTING AND SERVICES AGREEMENT This General Consulting and Services Agreement (this “Agreement”) is made as of the date of last signature (“Effective Date”) by and between TherapeuticsMD, Inc., a Nevada corporation maintaining offices at 951 Yamato Road, Suite 220, Boca Raton, Florida 33431 (“TherapeuticsMD”), and MCD Consulting and Management Services, LLC, a Flori

February 27, 2023 EX-10.1

Amendment, dated February 21, 2023, to the Employment Agreement, dated as of December 18, 2018, as extended effective October 15, 2021, by and between TherapeuticsMD, Inc. and Marlan Walker (34)

EX-10.1 Exhibit 10.1 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT This Second Amendment (“Second Amendment”) to the Employment Agreement (“Agreement”), effective December 18, 2018, as extended effective October 15, 2021, is entered into by and between TherapeuticsMD, Inc. with a place of business at 6800 Broken Sound Parkway NW, 3rd Floor, Boca Raton, Florida 33487 (“TherapeuticsMD”); and Marlan Walke

February 27, 2023 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): February 21, 2023 TherapeuticsMD,

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): February 21, 2023 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fi

January 18, 2023 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): January 11, 2023 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fil

January 12, 2023 8-K

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): January 6, 2023 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

January 6, 2023 8-K/A

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A (AMENDMENT NO. 1) CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): December 30, 2022 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorpora

January 6, 2023 EX-99.1

Unaudited Pro Forma Condensed Consolidated Financial Information

Exhibit 99.1 Unaudited Pro Forma Condensed Consolidated Financial Information Overview Effective December 30, 2022 (the ?Closing Date?), TherapeuticsMD, Inc., a Nevada corporation (the ?Company?), completed its previously announced transaction (the ?Transaction?) with Mayne Pharma LLC, a Delaware limited liability company (?Mayne Pharma?) and subsidiary of Mayne Pharma Group Limited, an Australian

January 3, 2023 8-K

Regulation FD Disclosure, Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Entry into a Material Definitive Agreement, Termination of a Material Definitive Agreement, Financial Statements and Exhibits, Completion of Acquisition or Disposition of Assets, Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): December 30, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fi

January 3, 2023 EX-99.1

TherapeuticsMD Completes Transaction to License its Products to Mayne Pharma - Mayne Pharma gains exclusive U.S. commercialization rights for TXMD’s products and acquires certain assets - - TXMD received approximately $153.1 million at closing; porti

Exhibit 99.1 TherapeuticsMD Completes Transaction to License its Products to Mayne Pharma - Mayne Pharma gains exclusive U.S. commercialization rights for TXMD?s products and acquires certain assets - - TXMD received approximately $153.1 million at closing; portion of proceeds used to repay all outstanding indebtedness under Sixth Street facility and redeem all outstanding preferred equity - - TXM

December 5, 2022 EX-99.2

Forward-Looking Statements This presentation by TherapeuticsMD, Inc. (referred to as “we,” “our,” or the “Company”) may contain forward-looking statements. Forward-looking statements may include, without limitation, statements regarding the proposed

Strategic Transformational Transaction Update December 5, 2022 Exhibit 99.2 Forward-Looking Statements This presentation by TherapeuticsMD, Inc. (referred to as ?we,? ?our,? or the ?Company?) may contain forward-looking statements. Forward-looking statements may include, without limitation, statements regarding the proposed transaction, expectations with regard to the financial impact of such tran

December 5, 2022 EX-10.1

License Agreement by and between TherapeuticsMD, Inc. and Mayne Pharma LLC, dated December 4, 2022 (33)

Exhibit 10.1 [***] CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN EXCLUDED PURSUANT TO REGULATION S-K, ITEM 601(B)(10). SUCH EXCLUDED INFORMATION IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. Execution Version Confidential LICENSE AGREEMENT by and between MAYNE PHARMA LLC and THERAPEUTICSMD, INC. DATED AS OF DECEMBER 4, 2022 TABLE OF CONTENTS Page ARTIC

December 5, 2022 EX-99.1

TherapeuticsMD Announces Definitive Agreements to License its Products to Mayne Pharma - TXMD to receive approximately $153.1 million in consideration at closing (including approximately $13.1 million for acquired net working capital), up to approxim

Exhibit 99.1 TherapeuticsMD Announces Definitive Agreements to License its Products to Mayne Pharma - TXMD to receive approximately $153.1 million in consideration at closing (including approximately $13.1 million for acquired net working capital), up to approximately $42.6 million in minimum royalty payments, and up to $30.0 million in additional milestone payments - - Mayne Pharma gains exclusiv

December 5, 2022 EX-10.2

Transaction Agreement by and between TherapeuticsMD, Inc. and Mayne Pharma LLC, dated December 4, 2022 (33)

Exhibit 10.2 [***] CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN EXCLUDED PURSUANT TO REGULATION S-K, ITEM 601(B)(10). SUCH EXCLUDED INFORMATION IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. Execution Version TRANSACTION AGREEMENT by and between MAYNE PHARMA LLC and THERAPEUTICSMD, INC. DATED AS OF DECEMBER 4, 2022 TABLE OF CONTENTS Page ARTICLE 1 DEFI

December 5, 2022 8-K

Regulation FD Disclosure, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): December 4, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fil

December 1, 2022 8-K

Entry into a Material Definitive Agreement

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): November 30, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fi

November 14, 2022 EX-99.1

TherapeuticsMD Announces Third Quarter 2022 Financial Results - Q3 total revenue of $20.9 million - - ANNOVERA TRx growth of 10% year-over-year - - Reduced operating expenses by $22 million year-over-year -

Exhibit 99.1 TherapeuticsMD Announces Third Quarter 2022 Financial Results - Q3 total revenue of $20.9 million - - ANNOVERA TRx growth of 10% year-over-year - - Reduced operating expenses by $22 million year-over-year - BOCA RATON, Fla. ? November 14, 2022 ? TherapeuticsMD, Inc. (?TXMD? or the ?Company?) (NASDAQ: TXMD), an innovative, leading women?s healthcare company, today reported financial re

November 14, 2022 EX-10.2

Amendment No. 13 to the Financing Agreement, dated July 24, 2022, by and among TherapeuticsMD, Inc. as the Borrower, vitaMedMD, LLC, BocaGreenMD, Inc. and vitaCare Prescription Services, Inc. as the Guarantors, TPG Specialty Lending, Inc., Top IV Talents, LLC and Tao Talents, LLC as the Lenders

Exhibit 10.2 AMENDMENT NO. 13 TO FINANCING AGREEMENT AMENDMENT NO. 13 TO FINANCING AGREEMENT, dated as of July 24, 2022 (this “Amendment”), to the Financing Agreement, dated as of April 24, 2019 (as amended, restated, supplemented or otherwise modified from time to time through the date hereof, the “Financing Agreement”), by and among THERAPEUTICSMD, INC., a Nevada corporation (“Company” or “Borro

November 14, 2022 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): November 14, 2022 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fi

November 14, 2022 EX-10.4

Amendment No. 15 to the Financing Agreement, dated July 28, 2022, by and among TherapeuticsMD, Inc. as the Borrower, vitaMedMD, LLC, BocaGreenMD, Inc. and vitaCare Prescription Services, Inc. as the Guarantors, TPG Specialty Lending, Inc., Top IV Talents, LLC and Tao Talents, LLC as the Lenders

Exhibit 10.4 AMENDMENT NO. 15 TO FINANCING AGREEMENT AMENDMENT NO. 15 TO FINANCING AGREEMENT, dated as of July 28, 2022 (this “Amendment”), to the Financing Agreement, dated as of April 24, 2019 (as amended, restated, supplemented or otherwise modified from time to time through the date hereof, the “Financing Agreement”), by and among THERAPEUTICSMD, INC., a Nevada corporation (“Company” or “Borro

November 14, 2022 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2022 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 THERA

November 14, 2022 EX-10.1

Amendment No. 12 to the Financing Agreement, dated July 13, 2022, by and among TherapeuticsMD, Inc. as the Borrower, vitaMedMD, LLC, BocaGreenMD, Inc. and vitaCare Prescription Services, Inc. as the Guarantors, TPG Specialty Lending, Inc., Top IV Talents, LLC and Tao Talents, LLC as the Lenders

Exhibit 10.1 AMENDMENT NO. 12 TO FINANCING AGREEMENT AMENDMENT NO. 12 TO FINANCING AGREEMENT, dated as of July 13, 2022 (this “Amendment”), to the Financing Agreement, dated as of April 24, 2019 (as amended, restated, supplemented or otherwise modified from time to time through the date hereof, the “Financing Agreement”), by and among THERAPEUTICSMD, INC., a Nevada corporation (“Company” or “Borro

November 14, 2022 EX-10.3

Amendment No. 14 to the Financing Agreement, dated July 27, 2022, by and among TherapeuticsMD, Inc. as the Borrower, vitaMedMD, LLC, BocaGreenMD, Inc. and vitaCare Prescription Services, Inc. as the Guarantors, TPG Specialty Lending, Inc., Top IV Talents, LLC and Tao Talents, LLC as the Lenders

Exhibit 10.3 AMENDMENT NO. 14 TO FINANCING AGREEMENT AMENDMENT NO. 14 TO FINANCING AGREEMENT, dated as of July 27, 2022 (this “Amendment”), to the Financing Agreement, dated as of April 24, 2019 (as amended, restated, supplemented or otherwise modified from time to time through the date hereof, the “Financing Agreement”), by and among THERAPEUTICSMD, INC., a Nevada corporation (“Company” or “Borro

October 31, 2022 EX-99.1

TherapeuticsMD Announces Additional $7 Million Private Placement Maturity Date of Financing Agreement Extended to November 30, 2022

EX-99.1 Exhibit 99.1 TherapeuticsMD Announces Additional $7 Million Private Placement Maturity Date of Financing Agreement Extended to November 30, 2022 BOCA RATON, Fla. – October 31, 2022 – TherapeuticsMD, Inc. (NASDAQ: TXMD), (“TherapeuticsMD” or the “Company”) an innovative, leading women’s healthcare company, announced today that it received an additional $7 million private investment in the C

October 31, 2022 8-K

Regulation FD Disclosure, Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): October 28, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fil

October 31, 2022 EX-10.1

Subscription Agreement between TherapeuticsMD, Inc. and Rubric Capital Management LP, dated October 28, 2022 (32)

Exhibit 10.1 Execution Version SUBSCRIPTION AGREEMENT This Subscription Agreement is entered into and dated as of October 28, 2022 (this ?Agreement?), by and among TherapeuticsMD, Inc., a Nevada corporation with offices located at 951 Yamato Road, Suite 220, Boca Raton, FL 33431 (the ?Company?), and Rubric Capital Management LP (on behalf of certain of its managed or sub-managed funds and accounts

October 31, 2022 EX-10.2

Subscription Agreement by and among TherapeuticsMD, Inc., Sixth Street Specialty Lending, Inc., TOP IV Talents, LLC and TAO Talents, LLC, dated October 28, 2022 (32)

EX-10.2 Exhibit 10.2 Execution Version SUBSCRIPTION AGREEMENT This Subscription Agreement is entered into and dated as of October 28, 2022 (this “Agreement”), by and among TherapeuticsMD, Inc., a Nevada corporation with offices located at 951 Yamato Road, Suite 220, Boca Raton, FL 33431 (the “Company”), and the Subscribers identified on the Schedule of Subscribers attached hereto (each, a “Subscri

October 3, 2022 8-K

Regulation FD Disclosure, Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): September 30, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission F

October 3, 2022 EX-10.2

Subscription Agreement by and among TherapeuticsMD, Inc., Sixth Street Specialty Lending, Inc., TOP IV Talents, LLC and TAO Talents, LLC, dated September 30, 2022 (31)

Exhibit 10.2 EXECUTION VERSION SUBSCRIPTION AGREEMENT This Subscription Agreement is entered into and dated as of September 30, 2022 (this ?Agreement?), by and among TherapeuticsMD, Inc., a Nevada corporation with offices located at 951 Yamato Road, Suite 220, Boca Raton, FL 33431 (the ?Company?), and the Subscribers identified on the Schedule of Subscribers attached hereto (each, a ?Subscriber? a

October 3, 2022 EX-10.1

Subscription Agreement between TherapeuticsMD, Inc. and Rubric Capital Management LP, dated September 30, 2022 (31)

Exhibit 10.1 EXECUTION VERSION SUBSCRIPTION AGREEMENT This Subscription Agreement is entered into and dated as of September 30, 2022 (this ?Agreement?), by and among TherapeuticsMD, Inc., a Nevada corporation with offices located at 951 Yamato Road, Suite 220, Boca Raton, FL 33431 (the ?Company?), and Rubric Capital Management LP (on behalf of certain of its managed or sub-managed funds and accoun

October 3, 2022 EX-99.1

TherapeuticsMD Announces $7 Million Private Placement Maturity Date of Financing Agreement Extended to October 31, 2022, with the Ability to Extend to November 30, 2022, if Additional Capital is Raised

Exhibit 99.1 TherapeuticsMD Announces $7 Million Private Placement Maturity Date of Financing Agreement Extended to October 31, 2022, with the Ability to Extend to November 30, 2022, if Additional Capital is Raised BOCA RATON, Fla. ? October 3, 2022 ? TherapeuticsMD, Inc. (NASDAQ: TXMD), (?TherapeuticsMD? or the ?Company?) an innovative, leading women?s healthcare company, announced today that it

September 12, 2022 EX-99.1

TherapeuticsMD Appoints Dr. Brian Bernick and Mr. Mark Glickman as Interim Co-Chief Executive Officers - Robust Strategic Alternatives Process Continues -

Exhibit 99.1 TherapeuticsMD Appoints Dr. Brian Bernick and Mr. Mark Glickman as Interim Co-Chief Executive Officers - Robust Strategic Alternatives Process Continues - BOCA RATON, Fla. ? September 12, 2022 ? TherapeuticsMD, Inc. (NASDAQ: TXMD), (?TherapeuticsMD? or the ?Company?) an innovative, leading women?s healthcare company, announced today the appointment of Dr. Brian Bernick and Mr. Mark Gl

September 12, 2022 8-K

Regulation FD Disclosure, Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): September 6, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fi

August 30, 2022 SC 13D/A

US88338N2062 / TherapeuticsMD, Inc. / Rubric Capital Management LP - SC 13D/A Activist Investment

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 1)* TherapeuticsMD, Inc. (Name of Issuer) Common Stock, $0.001 par value per share (Title of Class of Securities) 88338N206 (CUSIP Number) Rubric Capital Management LP 155 East 44th St, Suite 1630 New York, NY 10017 Attention: Brian Kleinhaus 212-418-1888 (Name, Address a

August 29, 2022 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Entry into a Material Definitive Agreement

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): August 23, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

August 15, 2022 EX-99.2

Hugh O’Dowd CEO FOR INVESTOR PRESENTATION PURPOSES ONLY. 3

FOR INVESTOR PRESENTATION PURPOSES ONLY. Building the Premier Women?s Health Company Q2 2022 Earnings August 15, 2022 Exhibit 99.2 Forward-Looking Statements FOR INVESTOR PRESENTATION PURPOSES ONLY. 2 This presentation by TherapeuticsMD, Inc. may contain forward-looking statements. Forward-looking statements may include, but are not limited to, statements relating to TherapeuticsMD?s objectives, p

August 15, 2022 EX-99.1

TherapeuticsMD Announces Second Quarter 2022 Financial Results - Quarterly total net revenue of $28.6 million - - ANNOVERA® TRx of 9,329, an increase of 28% over Q2 2021 - - Conference call scheduled for 8:30 a.m. ET today -

Exhibit 99.1 TherapeuticsMD Announces Second Quarter 2022 Financial Results - Quarterly total net revenue of $28.6 million - - ANNOVERA? TRx of 9,329, an increase of 28% over Q2 2021 - - Conference call scheduled for 8:30 a.m. ET today - BOCA RATON, Fla. ? August 15, 2022 ? TherapeuticsMD, Inc. (?TXMD? or the ?Company?) (NASDAQ: TXMD), an innovative, leading women?s healthcare company, today repor

August 15, 2022 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): August 15, 2022 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

August 15, 2022 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2022 or ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 THERAPEUTI

August 8, 2022 SC 13D

US88338N2062 / TherapeuticsMD, Inc. / Rubric Capital Management LP - SC 13D Activist Investment

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. )* TherapeuticsMD, Inc. (Name of Issuer) Common Stock, $0.001 par value per share (Title of Class of Securities) 88338N206 (CUSIP Number) Rubric Capital Management LP 155 East 44th St, Suite 1630 New York, NY 10017 Attention: Brian Kleinhaus 212-418-1888 (Name, Address an

August 1, 2022 EX-3.2

Third Amendment to Bylaws of the Company, dated July 29, 2022 (11)

Exhibit 3.2 THIRD AMENDMENT TO BYLAWS TherapeuticsMD, Inc., a Nevada corporation (the ?Company?), desires to amend its Bylaws. Article XIII - Inapplicability of NRS 78.378 through 78.3793 Article XIII of the Bylaws shall be deleted in its entirety and replaced with the following: ARTICLE XIII - (INAPPLICABILITY OF NRS 78.378 THROUGH 78.3793) Notwithstanding any other provision of these Bylaws to t

August 1, 2022 EX-10.2

Subscription Agreement by and among TherapeuticsMD, Inc., Sixth Street Specialty Lending, Inc., TOP IV Talents, LLC and TOA Talents, LLC, dated July 29, 2022 (11)

Exhibit 10.2 SUBSCRIPTION AGREEMENT This Subscription Agreement is entered into and dated as of July 29, 2022 (this ?Agreement?), by and among TherapeuticsMD, Inc., a Nevada corporation with offices located at 951 Yamato Road, Suite 220, Boca Raton, FL 33431 (the ?Company?), and the Subscribers identified on the Schedule of Subscribers attached hereto (each, a ?Subscriber? and, together, the ?Subs

August 1, 2022 8-K

Regulation FD Disclosure, Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Entry into a Material Definitive Agreement, Material Modification to Rights of Security Holders, Unregistered Sales of Equity Securities, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): July 29, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File N

August 1, 2022 EX-10.1

Subscription Agreement between TherapeuticsMD, Inc. and Rubric Capital Management LP, dated July 29, 2022 (11)

EX-10.1 4 d356180dex101.htm EX-10.1 Exhibit 10.1 Execution Version SUBSCRIPTION AGREEMENT This Subscription Agreement is entered into and dated as of July 29, 2022 (this “Agreement”), by and among TherapeuticsMD, Inc., a Nevada corporation with offices located at 951 Yamato Road, Suite 220, Boca Raton, FL 33431 (the “Company”), and Rubric Capital Management LP (on behalf of certain of its managed

August 1, 2022 EX-10.3

Amendment No. 16 to Financing Agreement, dated July 29, 2022, by and among TherapeuticsMD, Inc., VitaMedMD, LLC, BocagreenMD, Inc., Sixth Street Specialty Lending, Inc., Top IV Talents, LLC and Tao Talents, LLC.

Exhibit 10.3 AMENDMENT NO. 16 TO FINANCING AGREEMENT AMENDMENT NO. 16 TO FINANCING AGREEMENT, dated as of July 29, 2022 (this ?Amendment?), to the Financing Agreement, dated as of April 24, 2019 (as amended, restated, supplemented or otherwise modified from time to time through the date hereof, the ?Financing Agreement?), by and among THERAPEUTICSMD, INC., a Nevada corporation (?Company? or ?Borro

August 1, 2022 EX-99.1

TherapeuticsMD Secures $15 Million Equity Investment from Rubric Capital Company Also Reaches Agreement with Sixth Street Partners to Extend the Maturity Date of its Financing Agreement to September 30, 2022 with the Ability to Extend to November 30,

Exhibit 99.1 TherapeuticsMD Secures $15 Million Equity Investment from Rubric Capital Company Also Reaches Agreement with Sixth Street Partners to Extend the Maturity Date of its Financing Agreement to September 30, 2022 with the Ability to Extend to November 30, 2022 if Additional Capital is Received BOCA RATON, Fla. ? August 1, 2022 ? TherapeuticsMD, Inc. (NASDAQ: TXMD), (?TherapeuticsMD? or the

August 1, 2022 EX-3.1

Certificate of Designation, Preferences and Rights of Series A Preferred Stock (11)

Exhibit 3.1 CERTIFICATE OF DESIGNATION, PREFERENCES AND RIGHTS OF SERIES A PREFERRED STOCK OF THERAPEUTICSMD, INC. On July 28, 2022, the Board of Directors of TherapeuticsMD, Inc., a Nevada corporation (together with any successor thereto, the ?Company?), adopted the following resolution designating and creating, out of the authorized and unissued shares of preferred stock, par value $0.001 per sh

July 29, 2022 8-K

Entry into a Material Definitive Agreement

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): July 28, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File N

July 28, 2022 8-K

Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): July 27, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File N

July 25, 2022 8-K

Entry into a Material Definitive Agreement, Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): July 24, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File N

July 14, 2022 8-K

Entry into a Material Definitive Agreement, Termination of a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): July 13, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File N

July 13, 2022 SC 14D9/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) SOLICITATION/RECOMMENDATION STATEMENT UNDER SECTION 14(d)(4) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. 3) TherapeuticsMD, Inc. (Name of

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) SOLICITATION/RECOMMENDATION STATEMENT UNDER SECTION 14(d)(4) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. 3) TherapeuticsMD, Inc. (Name of Subject Company) TherapeuticsMD, Inc. (Name of Person(s) Filing Statement) COMMON STOCK, PAR VALUE $0.001 PER SHARE (Title of Class of Securities) 883

July 13, 2022 EX-99.(A)(5)(E)

Press Release issued by the Company, dated July 13, 2022.

Exhibit (a)(5)(E) FOR IMMEDIATE RELEASE TherapeuticsMD Announces Expiration of Tender Offer Company anticipates termination of Merger Agreement with EW Healthcare Partners BOCA RATON, Fla.

July 13, 2022 SC TO-T/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (Amendment No. 3) TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 THERAPEUTICSMD, INC. (Name of Subject Company (Issu

SC TO-T/A 1 d290068dsctota.htm SC TO-T/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (Amendment No. 3) TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 THERAPEUTICSMD, INC. (Name of Subject Company (Issuer)) ATHENE MERGER SUB, INC. (Offeror) A wholly owned subsidiary of ATHENE PARENT, INC. (Parent of Offeror) A

July 6, 2022 SC 14D9/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) SOLICITATION/RECOMMENDATION STATEMENT UNDER SECTION 14(d)(4) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. 2) TherapeuticsMD, Inc. (Name of

SC 14D9/A 1 d374479dsc14d9a.htm SC 14D9/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) SOLICITATION/RECOMMENDATION STATEMENT UNDER SECTION 14(d)(4) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. 2) TherapeuticsMD, Inc. (Name of Subject Company) TherapeuticsMD, Inc. (Name of Person(s) Filing Statement) COMMON STOCK, PAR VALUE $0.001 PE

July 6, 2022 EX-99.(A)(5)(D)

Press Release issued by EW Healthcare Partners, dated July 6, 2022.

Exhibit (a)(5)(D) EW Healthcare Partners Announces Extension of TherapeuticsMD Tender Offer TherapeuticsMD has previously stated that absent the successful closing of this transaction, the Company would likely be required to file for protection under Chapter 11.

July 6, 2022 SC TO-T/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (Amendment No. 2) TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 THERAPEUTICSMD, INC. (Name of Subject Company (Issu

SC TO-T/A 1 d291893dsctota.htm SC TO-T/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (Amendment No. 2) TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 THERAPEUTICSMD, INC. (Name of Subject Company (Issuer)) ATHENE MERGER SUB, INC. (Offeror) A wholly owned subsidiary of ATHENE PARENT, INC. (Parent of Offeror) A

June 28, 2022 SC 14D9/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) SOLICITATION/RECOMMENDATION STATEMENT UNDER SECTION 14(d)(4) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. 1) TherapeuticsMD, Inc. (Name of

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) SOLICITATION/RECOMMENDATION STATEMENT UNDER SECTION 14(d)(4) OF THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. 1) TherapeuticsMD, Inc. (Name of Subject Company) TherapeuticsMD, Inc. (Name of Person(s) Filing Statement) COMMON STOCK, PAR VALUE $0.001 PER SHARE (Title of Class of Securities) 883

June 23, 2022 EX-99.(A)(5)(B)

Letter from the Information Agent to Robinhood Customer

Exhibit (a)(5)(B) Dear Robinhood Customer: Athene Merger Sub, Inc. (?Purchaser?), an affiliate of EW Healthcare Partners, is offering to purchase all of the issued and outstanding shares of common stock of TherapeuticsMD, Inc. (?TXMD? or the ?Company?), par value $0.001 per share, at a price of $10.00 per share, net to the seller, in cash (the ?Offer?) pursuant to the Agreement and Plan of Merger,

June 23, 2022 SC TO-T/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (Amendment No. 1) TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 THERAPEUTICSMD, INC. (Name of Subject Company (Issu

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (Amendment No. 1) TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 THERAPEUTICSMD, INC. (Name of Subject Company (Issuer)) ATHENE MERGER SUB, INC. (Offeror) A wholly owned subsidiary of ATHENE PARENT, INC. (Parent of Offeror) ATHENE FINCO, INC. ATHENE HOLDCO, INC. MAJ

June 13, 2022 SC 14D9

Opinion of Greenhill & Co., LLC, dated May 27, 2022 (included as Annex A to this Schedule 14D-9).

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) SOLICITATION/RECOMMENDATION STATEMENT UNDER SECTION 14(d)(4) OF THE SECURITIES EXCHANGE ACT OF 1934 TherapeuticsMD, Inc. (Name of Subject Company) TherapeuticsMD, Inc. (Name of Person(s) Filing Statement) COMMON STOCK, PAR VALUE $0.001 PER SHARE (Title of Class of Securities) 883

June 13, 2022 EX-99.E.33

Amended and Restated Employment Agreement, dated December 18, 2018, between the Company and Marlan Walker.*

Exhibit (e)(33) AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this ?Agreement?), by and between TherapeuticsMD, Inc.

June 13, 2022 EX-99.E.34

Amendment to Employment Agreement, dated October 15, 2021, between the Company and Marlan Walker.*

Exhibit (e)(34) AMENDMENT TO EMPLOYMENT AGREEMENT This Amendment (?Amendment?) to the Employment Agreement (?Agreement?), effective December 18, 2018, by and between TherapeuticsMD, Inc.

June 6, 2022 EX-99.(A)(1)(A)

Offer to Purchase, dated June 6, 2022.

Exhibit (a)(1)(A) Offer to Purchase for Cash All Outstanding Shares of Common Stock of THERAPEUTICSMD, INC.

June 6, 2022 EX-99.(A)(1)(D)

Letter to Clients for Use by Brokers, Dealers, Commercial Banks, Trust Companies and Other Nominees.

Exhibit (a)(1)(D) Offer To Purchase For Cash All Outstanding Shares of Common Stock of THERAPEUTICSMD, INC.

June 6, 2022 EX-FILING FEES

Filing Fee Table

EX-FILING FEES 12 d362217dexfilingfees.htm EX-FILING FEES Exhibit 107 Calculation of Filing Fee Tables Schedule TO-T (Rule 14d-100) THERAPEUTICSMD, INC. (Name of Subject Company (Issuer)) ATHENE MERGER SUB, INC. a wholly owned subsidiary of ATHENE PARENT, INC. (Names of Filing Persons (Offerors)) Table 1-Transaction Valuation Transaction Valuation* Fee rate Amount of Filing Fee** Fees to Be Paid $

June 6, 2022 EX-99.(B)(1)

Equity Commitment Letter, dated May 27, 2022, by and between Athene Parent, Inc. and EW Healthcare Partners Fund 2, L.P.

Exhibit (b)(1) Execution Version Strictly Confidential May 27, 2022 To: Athene Parent, Inc.

June 6, 2022 EX-99.(D)(3)

Exclusivity Agreement, dated May 12, 2022, by and between TherapeuticsMD, Inc. and EW Healthcare Partners.

Exhibit (d)(3) May 12, 2022 TherapeuticsMD, Inc. 951 Yamato Road, Suite 220 Boca Raton, Florida 33431 Re: Exclusivity Agreement Dear all: This Exclusivity Agreement (this ?Agreement?), dated as of May 10, 2022, is entered into by and between EW Healthcare Partners (and including any successor thereto, ?Buyer?) and TherapeuticsMD, Inc., a Nevada corporation (and including any successor thereto, the

June 6, 2022 EX-99.(D)(2)

Non-Disclosure Agreement between TherapeuticsMD, Inc. and Essex Woodlands Health Ventures UK Ltd, dated January 27, 2022.

Exhibit (d)(2) CONFIDENTIALITY AGREEMENT This Confidentiality Agreement (the ?Agreement?) is made and entered into as of the date of last signature below (the ?Effective Date?) by and between TherapeuticsMD, Inc.

June 6, 2022 EX-99.(A)(1)(B)(II)

Letter of Transmittal (pre-split holders).

Exhibit (a)(1)(B)(II) Letter of Transmittal to Tender Shares of Common Stock of THERAPEUTICSMD, INC.

June 6, 2022 EX-99.(A)(5)(B)

Press Release issued by EW Healthcare Partners, dated June 6, 2022.

Exhibit (a)(5)(B) FOR IMMEDIATE RELEASE EW Healthcare Partners Announces Commencement of the Tender Offer for All Outstanding Shares of TherapeuticsMD NEW YORK, NY ? June 6, 2022 ? EW Healthcare Partners (together with its consolidated subsidiaries and affiliates ?EW?) announced today that its affiliate, Athene Merger Sub, Inc.

June 6, 2022 EX-99.(A)(1)(E)

Summary Advertisement, as published in the New York Times on June 6, 2022.

Exhibit (a)(1)(E) This announcement is neither an offer to purchase nor a solicitation of an offer to sell Shares (as defined below).

June 6, 2022 EX-99.(A)(1)(C)

Letter from the Information Agent to Brokers, Dealers, Commercial Banks, Trust Companies and Other Nominees.

Exhibit (a)(1)(C) Offer To Purchase For Cash All Outstanding Shares of Common Stock of THERAPEUTICSMD, INC.

June 6, 2022 EX-3.1

Second Amendment to Bylaws of the Company, adopted May 27, 2022.

EX-3.1 2 txmd-ex316.htm EX-3.1 Exhibit 3.1 SECOND AMENDMENT TO BYLAWS TherapeuticsMD, Inc., a Nevada corporation (the “Company”), desires to amend its Bylaws. Article XIII – Inapplicability of NRS 78.378 through 78.3793 Article XIII of the Bylaws shall be added as follows: ARTICLE XIII – (INAPPLICABILITY OF NRS 78.378 THROUGH 78.3793) Notwithstanding any other provision of these Bylaws to the cont

June 6, 2022 8-K/A

Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): May 27, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

June 6, 2022 SC TO-T

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 THERAPEUTICSMD, INC. (Name of Subject Company (Issuer)) ATHENE MERGER

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 THERAPEUTICSMD, INC. (Name of Subject Company (Issuer)) ATHENE MERGER SUB, INC. (Offeror) A wholly owned subsidiary of ATHENE PARENT, INC. (Parent of Offeror) ATHENE FINCO, INC. ATHENE HOLDCO, INC. MAJORELLE TOPCO LIMIT

June 6, 2022 EX-99.(A)(1)(B)(I)

Letter of Transmittal.

Exhibit (a)(1)(B)(I] Letter of Transmittal to Tender Shares of Common Stock of THERAPEUTICSMD, INC.

June 3, 2022 EX-3.1

Second Amendment to Bylaws of the Company, adopted May 27, 2022 (10)

Exhibit 3.1 SECOND AMENDMENT TO BYLAWS TherapeuticsMD, Inc., a Nevada corporation (the ?Company?), desires to amend its Bylaws. Article XIII ? Inapplicability of NRS 78.378 through 78.3793 Article XIII of the Bylaws shall be added as follows: ARTICLE XIII ? (INAPPLICABILITY OF NRS 78.378 THROUGH 78.3793) Notwithstanding any other provision of these Bylaws to the contrary, the provisions of NRS 78.

June 3, 2022 SC 13G

TXMD / TherapeuticsMD Inc / Beryl Capital Management LLC Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. )* TherapeuticsMD, Inc. (Name of Issuer) Common Stock, par value $0.001 (Title of Class of Securities) 88338N107 (CUSIP Number) May 31, 20221 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to

June 3, 2022 8-K

Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): May 27, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File Nu

May 31, 2022 EX-2.1

Agreement and Plan of Merger, dated as of May 27, 2022, among TherapeuticsMD, Inc., Athene Parent, Inc. and Athene Merger Sub, Inc.

EX-2.1 2 txmd-ex2129.htm EX-2.1 Exhibit 2.1 [***] CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN EXCLUDED PURSUANT TO REGULATION S-K, ITEM 601(B)(10). SUCH EXCLUDED INFORMATION IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. AGREEMENT AND PLAN OF MERGER by and among: ATHENE PARENT, INC. ATHENE MERGER SUB, INC. and THERAPEUTICSMD, INC. dated as of MAY 27,

May 31, 2022 EX-99.1

Exhibit 99.1: Joint Press Release, dated May 31, 2022

Exhibit 99.1 TherapeuticsMD and EW Healthcare Partners Announce Definitive Agreement for EW Healthcare Partners to acquire TherapeuticsMD BOCA RATON, Fla. ? May 31, 2022 ? TherapeuticsMD, Inc. (NASDAQ: TXMD) (?TherapeuticsMD,? ?TXMD? or the ?Company?), an innovative, leading women?s healthcare company, today announced that it has entered into a definitive merger agreement to be acquired by an affi

May 31, 2022 EX-10.1

Amendment No. 10 to Financing Agreement, dated May 27, 2022, by and among TherapeuticsMD, Inc., VitaMedMD, LLC, BocagreenMD, Inc., Sixth Street Specialty Lending, Inc., Top IV Talents, LLC and Tao Talents, LLC.

Exhibit 10.1 AMENDMENT NO. 10 TO FINANCING AGREEMENT AMENDMENT NO. 10 TO FINANCING AGREEMENT, dated as of May 27, 2022 (this ?Amendment?), to the Financing Agreement, dated as of April 24, 2019 (as amended, restated, supplemented or otherwise modified from time to time, the ?Financing Agreement?), by and among THERAPEUTICSMD, INC., a Nevada corporation (?Company? or ?Borrower?), certain Subsidiari

May 31, 2022 EX-99.1

TherapeuticsMD and EW Healthcare Partners Announce Definitive Agreement for EW Healthcare Partners to acquire TherapeuticsMD

EX-99.1 2 d324757dex991.htm EX-99.1 Exhibit 99.1 TherapeuticsMD and EW Healthcare Partners Announce Definitive Agreement for EW Healthcare Partners to acquire TherapeuticsMD BOCA RATON, Fla. – May 31, 2022 — TherapeuticsMD, Inc. (NASDAQ: TXMD) (“TherapeuticsMD,” “TXMD” or the “Company”), an innovative, leading women’s healthcare company, today announced that it has entered into a definitive merger

May 31, 2022 SC TO-C

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 TherapeuticsMD, Inc. (Name of Subject Company (Issuer)) Athene Merger

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 TherapeuticsMD, Inc. (Name of Subject Company (Issuer)) Athene Merger Sub, Inc. (Name of Filing Person?Offeror) Athene Parent, Inc. Majorelle Topco Limited (Names of Filing Persons?Other) Common Stock, par value $0.001

May 31, 2022 8-K

Financial Statements and Exhibits, Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): May 27, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File Nu

May 31, 2022 SC14D9C

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) SOLICITATION/RECOMMENDATION STATEMENT UNDER SECTION 14(d)(4) OF THE SECURITIES EXCHANGE ACT OF 1934 TherapeuticsMD, Inc. (Name of Subject Company) T

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14D-9 (Rule 14d-101) SOLICITATION/RECOMMENDATION STATEMENT UNDER SECTION 14(d)(4) OF THE SECURITIES EXCHANGE ACT OF 1934 TherapeuticsMD, Inc. (Name of Subject Company) TherapeuticsMD, Inc. (Name of Person(s) Filing Statement) COMMON STOCK, PAR VALUE $0.001 PER SHARE (Title of Class of Securities) 88338N 10 7 (CUSIP Nu

May 31, 2022 EX-10.2

Amendment No. 11 to Financing Agreement, dated May 27, 2022, by and among TherapeuticsMD, Inc., VitaMedMD, LLC, BocagreenMD, Inc., Sixth Street Specialty Lending, Inc., Top IV Talents, LLC and Tao Talents, LLC.

Exhibit 10.2 AMENDMENT NO. 11 TO FINANCING AGREEMENT AMENDMENT NO. 11 TO FINANCING AGREEMENT, dated as of May 27, 2022 (this ?Amendment?), to the Financing Agreement, dated as of April 24, 2019 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the ?Financing Agreement?), by and among THERAPEUTICSMD, INC., a Nevada corporation (?Company? or ?Borrower

May 31, 2022 EX-99.1

TherapeuticsMD and EW Healthcare Partners Announce Definitive Agreement for EW Healthcare Partners to acquire TherapeuticsMD

Exhibit 99.1 TherapeuticsMD and EW Healthcare Partners Announce Definitive Agreement for EW Healthcare Partners to acquire TherapeuticsMD BOCA RATON, Fla. ? May 31, 2022 - TherapeuticsMD, Inc. (NASDAQ: TXMD) (?TherapeuticsMD,? ?TXMD? or the ?Company?), an innovative, leading women?s healthcare company, today announced that it has entered into a definitive merger agreement to be acquired by an affi

May 20, 2022 EX-99.1

TherapeuticsMD Receives U.S. Food and Drug Administration (FDA) Approval for Supplemental New Drug Application (sNDA) for ANNOVERA® - ANNOVERA is the only FDA-approved procedure-free, long-lasting, reversible birth control - - With this approval, the

Exhibit 99.1 TherapeuticsMD Receives U.S. Food and Drug Administration (FDA) Approval for Supplemental New Drug Application (sNDA) for ANNOVERA? - ANNOVERA is the only FDA-approved procedure-free, long-lasting, reversible birth control - - With this approval, the Company expects a significant reduction in its manufacturing batch rejections and an increase in future product supply and will enable t

May 20, 2022 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): May 20, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File Nu

May 16, 2022 EX-3.1

Composite Amended and Restated Articles of Incorporation of the Company, as amended.

Exhibit 3.1 THIS COMPOSITE AMENDED AND RESTATED ARTICLES OF INCORPORATION, AS AMENDED, OF THERAPEUTICSMD, INC. (THE ?CORPORATION?) REFLECTS THE PROVISIONS OF THE CORPORATION?S ARTICLES OF INCORPORATION, AS AMENDED AND RESTATED ON AUGUST 3, 2011, AND ALL AMENDMENTS THERETO FILED WITH THE SECRETARY OF STATE OF THE STATE OF NEVADA THEREAFTER ON OR PRIOR TO MAY 6, 2022, BUT IS NOT AN AMENDMENT AND/OR

May 16, 2022 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): May 16, 2022 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File Nu

May 16, 2022 EX-99.1

TherapeuticsMD Announces First Quarter 2022 Financial Results - Quarterly total net product revenue of $19.3 million - - ANNOVERA® TRx of 8,014, an increase of 27% over Q1 2021 - - Announced and completed vitaCare divestiture in five weeks - - Confer

Exhibit 99.1 TherapeuticsMD Announces First Quarter 2022 Financial Results - Quarterly total net product revenue of $19.3 million - - ANNOVERA® TRx of 8,014, an increase of 27% over Q1 2021 - - Announced and completed vitaCare divestiture in five weeks - - Conference call scheduled for 4:30 p.m. ET today -   BOCA RATON, Fla. – May 16, 2022 – TherapeuticsMD, Inc. (“TXMD” or the “Company”) (NASDAQ:

May 16, 2022 EX-99.2

3 Hugh O’Dowd CEO

Building the Premier Women?s Health Company Q1 2022 Earnings May 16, 2022 Exhibit 99.

May 16, 2022 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2022 or ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 THERAPEUT

May 9, 2022 EX-3.1

Certificate of Change to Articles of Incorporation of the Company (12)

Exhibit 3.1 Filed in the Office of Secretary of State State Of Nevada Business Number BARBARA K. CEGAVSKE E0343302010-6 Secretary of State Filing Number 202 North Carson Street 20222298107 Carson City, Nevada 89701-4201 Filed On 05/03/2022 15:43:11 PM (775) 684-5708 Number of Pages 3 Website: www.nvsos.gov Certificate of Change Pursuant to NRS 78.209 TYPE OR PRINT - USE DARK INK ONLY - DO NOT HIGH

May 9, 2022 8-K

Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Material Modification to Rights of Security Holders, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): May 3, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File Num

April 29, 2022 10-K/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K/A Amendment No. 1

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K/A Amendment No. 1 (Mark One) ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2021 or ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00

April 27, 2022 8-K

Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 27, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

April 20, 2022 8-K

Financial Statements and Exhibits, Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement, Completion of Acquisition or Disposition of Assets

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 14, 2022 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

April 20, 2022 EX-99.1

Unaudited Pro Forma Condensed Consolidated Financial Information

Exhibit 99.1 Unaudited Pro Forma Condensed Consolidated Financial Information Overview On April 14, 2022, TherapeuticsMD, Inc., a Nevada corporation (the ?Company?), pursuant to a stock purchase agreement (the ?Purchase Agreement?), dated as of March 6, 2022, with GoodRx, Inc. (?GoodRx?), a Delaware corporation and previously a wholly-owned subsidiary of GoodRx Holdings, Inc., completed the divest

April 14, 2022 EX-99.1

TherapeuticsMD completes the divestiture of vitaCare Prescription Services to GoodRx in a cash transaction valued at $150 million

Exhibit 99.1 TherapeuticsMD completes the divestiture of vitaCare Prescription Services to GoodRx in a cash transaction valued at $150 million BOCA RATON, Fla. ? April 14, 2022 - TherapeuticsMD, Inc. (NASDAQ: TXMD), (?TXMD? or the ?Company?) an innovative, leading women?s healthcare company, announced today the closing of the divestiture of vitaCare Prescription Services to GoodRx (NASDAQ: GDRX),

April 14, 2022 8-K

Regulation FD Disclosure, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): April 14, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

March 24, 2022 POS AM

As filed with the Securities and Exchange Commission on March 23, 2022

Table of Contents As filed with the Securities and Exchange Commission on March 23, 2022 Registration No.

March 23, 2022 SC 13D/A

TXMD / TherapeuticsMD Inc / SMITH ROBERT J - AMENDMENT TO FORM SC 13D Activist Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 13D/A (Amendment No. 12) (Rule 13d-101) INFORMATION TO BE INCLUDED IN STATMENTS FILED PURSUANT TO ? 240.13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO ? 240.13d-2(a)) UNDER THE SECURITIES EXCHANGE ACT OF 1934 THERAPEUTICSMD, INC. (Name of Issuer) Common Stock, $0.001 Par Value Per Share (Title of Class of Securitie

March 23, 2022 POSASR

As filed with the Securities and Exchange Commission on March 23, 2022

POSASR 1 d280081dposasr.htm POSASR Table of Contents As filed with the Securities and Exchange Commission on March 23, 2022 Registration No. 333-253851 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POST-EFFECTIVE AMENDMENT NO. 1 TO FORM S-3 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 TherapeuticsMD, Inc. (Exact name of registrant as specified in its charter) N

March 23, 2022 EX-FILING FEES

Calculation of Filing Fee Tables

Exhibit 107 Calculation of Filing Fee Tables FORM S-3 (Form Type) TherapeuticsMD, Inc.

March 23, 2022 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark One) ? ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2021 or ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 THERAPEUTICSMD

March 23, 2022 EX-10.55

2022 Executive Retention and Performance Bonus Plan. (ERB-Plan) (30)

Exhibit 10.55 TherapeuticsMD, Inc. 2022 Executive Retention and Performance Bonus Plan. (ERB-Plan) I.Purpose The purpose of this one-time special 2022 Executive Retention and Performance Bonus Plan (the ?ERB-Plan?) is to promote the success of the Company by providing to participating executives a) a Retention Payment and b) cash incentives in the form of Performance Bonus Awards based on achievem

March 18, 2022 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): March 14, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

March 10, 2022 EX-99.1

TherapeuticsMD Announces Fourth Quarter 2021 Financial Results - Reached definitive agreement to fully divest vitaCare business unit enabling greater focus on achieving leadership position in women’s healthcare - - Amended credit terms with Sixth Str

Exhibit 99.1 TherapeuticsMD Announces Fourth Quarter 2021 Financial Results - Reached definitive agreement to fully divest vitaCare business unit enabling greater focus on achieving leadership position in women?s healthcare - - Amended credit terms with Sixth Street in support of a new capitalization plan - - Conference call scheduled for 8:30 a.m. ET today - BOCA RATON, Fla. ? March 10, 2022 ? Th

March 10, 2022 EX-10.1

Amendment No. 9 to the Financing Agreement, dated March 8, 2022, by and among TherapeuticsMD, Inc. as the Borrower, vitaMedMD, LLC, BocaGreenMD, Inc. and vitaCare Prescription Services, Inc. as the Guarantors, TPG Specialty Lending, Inc., Top IV Talents, LLC and Tao Talents, LLC as the Lenders(37)

Exhibit 10.1 [***] CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN EXCLUDED PURSUANT TO REGULATION S-K, ITEM 601(B)(10). SUCH EXCLUDED INFORMATION IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. AMENDMENT NO. 9 AND WAIVER TO FINANCING AGREEMENT AMENDMENT NO. 9 AND WAIVER TO FINANCING AGREEMENT, dated as of March 9, 2022 (this ?Amendment?), to the Financing

March 10, 2022 8-K

Regulation FD Disclosure, Entry into a Material Definitive Agreement, Financial Statements and Exhibits, Results of Operations and Financial Condition, Completion of Acquisition or Disposition of Assets

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): March 6, 2022 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File N

March 10, 2022 EX-99.2

Drive top-line growth and overall operating performance Address capital structure to ease restrictive revenue and cash covenants currently in place Immediate Priorities Eliminate $60 million from our annual cost base, including the successful divesti

Building the Premier Women?s Health Company Q4 2021 Earnings March 10, 2022 Exhibit 99.

March 10, 2022 EX-2.1

Stock Purchase Agreement, dated March 6, 2022, by and between TherapeuticsMD, Inc. and GoodRx, Inc. (5)

Exhibit 2.1 [***] CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN EXCLUDED PURSUANT TO REGULATION S-K, ITEM 601(B)(2). SUCH EXCLUDED INFORMATION IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. Stock PURCHASE AGREEMENT By and between GOODRX, iNC., AND THERAPEUTICSMD, Inc. With respect to purchase of all the outstanding capital stock of VITACARE PRESCRIPTION

March 7, 2022 8-K

Regulation FD Disclosure, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): March 7, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File N

March 7, 2022 EX-99.1

TherapeuticsMD Enters into a Definitive Agreement to Divest vitaCare to GoodRx GoodRx has agreed to acquire vitaCare for $150 million in cash, with an additional $7 million consideration contingent upon vitaCare’s financial performance through 2023

Exhibit 99.1 TherapeuticsMD Enters into a Definitive Agreement to Divest vitaCare to GoodRx GoodRx has agreed to acquire vitaCare for $150 million in cash, with an additional $7 million consideration contingent upon vitaCare?s financial performance through 2023 BOCA RATON, Fla.-(BUSINESS WIRE)-Mar. 7, 2022- TherapeuticsMD, Inc. (?TXMD? or the ?Company?) (NASDAQ: TXMD), an innovative, leading women

February 18, 2022 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): February 17, 2022 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fi

January 3, 2022 8-K

Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): December 28, 2021 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fi

December 20, 2021 8-K

Current Report

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): December 14, 2021 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fi

December 17, 2021 8-K

Current Report

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): December 13, 2021 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fi

December 10, 2021 EX-99.1

U.S. Food and Drug Administration (FDA) Responds to Request from TherapeuticsMD to Revise Certain Manufacturing Testing Limits for ANNOVERA® - FDA determined that it could not approve proposed revisions to the manufacturing testing limits requested t

Exhibit 99.1 U.S. Food and Drug Administration (FDA) Responds to Request from TherapeuticsMD to Revise Certain Manufacturing Testing Limits for ANNOVERA? - FDA determined that it could not approve proposed revisions to the manufacturing testing limits requested through the Supplemental New Drug Application (sNDA) - - FDA provided recommendations and requested additional information to address the

December 10, 2021 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): December 10, 2021 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fi

December 8, 2021 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): December 7, 2021 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fil

December 8, 2021 EX-99.1

TherapeuticsMD Settles U.S. Patent Litigation with Amneal for BIJUVA® (Estradiol and Progesterone) — Allowing for a May 25, 2032 Generic Entry Date

Exhibit 99.1 TherapeuticsMD Settles U.S. Patent Litigation with Amneal for BIJUVA? (Estradiol and Progesterone) ? Allowing for a May 25, 2032 Generic Entry Date BOCA RATON, FL - BUSINESS WIRE ?December 8, 2021 - TherapeuticsMD, Inc. (NASDAQ: TXMD), an innovative, leading women?s healthcare company, today announced the settlement of the previously disclosed U.S. patent litigation for BIJUVA? with A

November 16, 2021 8-K/A

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K/A CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): November 11, 2021 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission

November 16, 2021 EX-99.1

TherapeuticsMD (2021 Q3 Earnings) November 11, 2021

Exhibit 99.1 TherapeuticsMD (2021 Q3 Earnings) November 11, 2021 Corporate Speakers: ? Lisa Wilson; TherapeuticsMD; Investor Relations ? Rob Finizio; TherapeuticsMD, Inc.; Co-Founder, CEO & Director ? Hugh O?Dowd; TherapeuticsMD, Inc.; President ? James D?Arecca; TherapeuticsMD, Inc.; CFO ? Mark Glickman; TherapeuticsMD, Inc.; Chief Business Officer Participants: ? Louise Chen; Cantor Fitzgerald &

November 12, 2021 EX-10.5

Amendment to Employment Agreement, dated October 15, 2021, between TherapeuticsMD, Inc. and James C. D’Arecca(30)

Exhibit 10.5 AMENDMENT TO JAMES D?ARECCA?S EMPLOYMENT AGREEMENT This Amendment (?Amendment?) to the Employment Agreement (?Agreement?), effective June 1, 2020, by and between TherapeuticsMD, Inc. with a place of business at 951 Yamato Road, Suite 220, Boca Raton, Florida 33431 (?TherapeuticsMD?); and James D?Arecca with a place of business at 951 Yamato Road, Suite 220, Boca Raton, Florida 33431 (

November 12, 2021 EX-99.3

Forward-Looking Statements 2 This presentation by TherapeuticsMD, Inc. (referred to as “we,” “our,” or “the Company”) may contain forward-looking statements. Forward-looking statements may include, but are not limited to, statements relating to our o

Building the Premier Women?s Health Company Q3 2021 Earnings November 11, 2021 Exhibit 99.

November 12, 2021 EX-99.2

TherapeuticsMD Announces Third Quarter 2021 Financial Results - Quarterly total net product revenue of $24.5 million, an increase of 41.1% over Q3 2020 - - ANNOVERA® TRx of 8,351, an increase of 62.7% over Q3 2020 - - Cost savings initiative to reduc

Exhibit 99.2 FOR IMMEDIATE RELEASE TherapeuticsMD Announces Third Quarter 2021 Financial Results - Quarterly total net product revenue of $24.5 million, an increase of 41.1% over Q3 2020 - - ANNOVERA? TRx of 8,351, an increase of 62.7% over Q3 2020 - - Cost savings initiative to reduce SG&A by $40 million in 2022; anticipated additional savings of approximately $20 million annualized tied to the d

November 12, 2021 EX-99.1

TherapeuticsMD Announces Leadership Changes; Appointment of Industry Veteran, Hugh O’Dowd, as Chief Executive Officer - Mr. O’Dowd to succeed Robert G. Finizio, effective on or before December 31, 2021 - - Mr. Finizio appointed Vice Chair of the Boar

Exhibit 99.1 FOR IMMEDIATE RELEASE TherapeuticsMD Announces Leadership Changes; Appointment of Industry Veteran, Hugh O?Dowd, as Chief Executive Officer - Mr. O?Dowd to succeed Robert G. Finizio, effective on or before December 31, 2021 - - Mr. Finizio appointed Vice Chair of the Board - BOCA RATON, Fla. ? November 11, 2021 ? TherapeuticsMD, Inc. (NASDAQ: TXMD) (TXMD or the Company), an innovative

November 12, 2021 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2021 or ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 THERA

November 12, 2021 8-K

Regulation FD Disclosure, Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): November 11, 2021 THERAPEUTICSMD, INC. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fi

October 15, 2021 EX-10.1

Executive Employment Agreement, dated October 15, 2021, by and between TherapeuticsMD, Inc. and Mark Glickman.

Exhibit 10.1 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (this ?Agreement?), by and between TherapeuticsMD, Inc., a Nevada corporation (the ?Company?), and Mark Glickman (?Executive?) is entered into and effective as of the 15th day of October 2021 (the ?Effective Date?). WHEREAS, the Company and Executive wish to provide for terms and conditions of Executive?s employment with the Company, purs

October 15, 2021 S-8

As filed with the Securities and Exchange Commission on October 15, 2021

As filed with the Securities and Exchange Commission on October 15, 2021 Registration No.

October 15, 2021 EX-10.2

TherapeuticsMD, Inc. Inducement Grant Restricted Stock Unit Agreement, dated October 15, 2021, by and between TherapeuticsMD, Inc. and Mark Glickman.

Exhibit 10.2 CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED. TherapeuticsMD, Inc. Inducement Grant Restricted Stock Unit Agreement This Inducement Grant Restricted Stock Unit Agreement (this ?Agreement?) is made and enter

October 1, 2021 8-K

Current Report

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 30, 2021 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission F

October 1, 2021 SC TO-I/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO/A (Amendment No.2) (Rule 13e-4) Tender Offer Statement Under Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 THERAPEUTICSMD, INC. (Name of Subject

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO/A (Amendment No.2) (Rule 13e-4) Tender Offer Statement Under Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 THERAPEUTICSMD, INC. (Name of Subject Company (Issuer) and Filing Person (Offeror)) Options to Purchase Common Stock, Par Value $0.001 Per Share (Title of Class of Securities) 88338N107 (

September 17, 2021 8-K

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 15, 2021 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission F

September 7, 2021 8-K

Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 2, 2021 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission Fi

August 31, 2021 S-8

As filed with the Securities and Exchange Commission on August 31, 2021

As filed with the Securities and Exchange Commission on August 31, 2021 Registration No.

August 31, 2021 EX-10.1

TherapeuticsMD, Inc. Inducement Grant Restricted Stock Unit Agreement, dated as of August 31, 2021, by and between TherapeuticsMD, Inc. and Hugh O’Dowd(29)

Exhibit 10.1 CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED. TherapeuticsMD, Inc. Inducement Grant Restricted Stock Unit Agreement This Inducement Grant Restricted Stock Unit Agreement (this ?Agreement?) is made and enter

August 30, 2021 SC TO-I/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO/A (Amendment No. 1) (Rule 13e-4) Tender Offer Statement Under Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 THERAPEUTICSMD, INC. (Name of Subjec

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO/A (Amendment No. 1) (Rule 13e-4) Tender Offer Statement Under Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 THERAPEUTICSMD, INC. (Name of Subject Company (Issuer) and Filing Person (Offeror)) Options to Purchase Common Stock, Par Value $0.001 Per Share (Title of Class of Securities) 88338N107

August 30, 2021 EX-99.A1.N

Form of Email to Eligible Employees Regarding Amendment to Exchange Offer

Exhibit (a)(1)(N) FORM OF EMAIL REGARDING AMENDMENT TO EXCHANGE OFFER To: All Eligible Employees From: TherapeuticsMD, Inc.

August 26, 2021 EX-99.(A)(1)(E)

Form of Email Confirming Receipt of Election Form

Exhibit (a)(1)(E) FORM OF EMAIL CONFIRMING RECEIPT OF ELECTION FORM From: TherapeuticsMD, Inc.

August 26, 2021 EX-99.(A)(1)(G)

Form of Reminder Email to Eligible Employees Regarding the Expiration of the Exchange Offer

Exhibit (a)(1)(G) FORM OF REMINDER EMAIL TO ELIGIBLE EMPLOYEES REGARDING THE EXPIRATION OF THE EXCHANGE OFFER From: TherapeuticsMD, Inc.

August 26, 2021 EX-99.(A)(1)(I)

Form of Email Notice Regarding Rejection of Options for Exchange

Exhibit (a)(1)(I) FORM OF EMAIL NOTICE REGARDING REJECTION OF OPTIONS FOR EXCHANGE From: TherapeuticsMD, Inc.

August 26, 2021 SC TO-I

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (Rule 13e-4) Tender Offer Statement Under Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 THERAPEUTICSMD, INC. (Name of Subject Company (Issuer) a

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (Rule 13e-4) Tender Offer Statement Under Section 14(d)(1) or 13(e)(1) of the Securities Exchange Act of 1934 THERAPEUTICSMD, INC. (Name of Subject Company (Issuer) and Filing Person (Offeror)) Options to Purchase Common Stock, Par Value $0.001 Per Share (Title of Class of Securities) 88338N107 (CUSIP Number of Cla

August 26, 2021 EX-99.(A)(1)(H)

Form of Email to Eligible Employees Confirming Acceptance of Eligible Options

Exhibit (a)(1)(H) FORM OF EMAIL TO ELIGIBLE EMPLOYEES CONFIRMING ACCEPTANCE OF ELIGIBLE OPTIONS From: TherapeuticsMD, Inc.

August 26, 2021 EX-99.(A)(1)(B)

Form of Announcement to Eligible Employees

Exhibit (a)(1)(B) FORM OF ANNOUNCEMENT TO ELIGIBLE EMPLOYEES Subject: TherapeuticsMD, Inc.

August 26, 2021 EX-99.(A)(1)(C)

Election Form

Exhibit (a)(1)(C) THERAPEUTICSMD, INC. 951 YAMATO ROAD, SUITE 220 BOCA RATON, FLORIDA 33431 OPTION EXCHANGE ? ELECTION FORM THIS OFFER AND YOUR WITHDRAWAL RIGHTS WILL EXPIRE AT 5:00 P.M., EASTERN TIME, ON FRIDAY, SEPTEMBER 24, 2021, UNLESS EXTENDED Before completing and signing this Election Form, we encourage you to read the documents that make up this tender offer, including (1) the Offer to Exc

August 26, 2021 EX-99.(A)(1)(F)

Form of Email Confirming Receipt of Notice of Withdrawal of Election Form

EX-99.(A)(1)(F) 7 d132815dex99a1f.htm EX-99.(A)(1)(F) Exhibit (a)(1)(F) FORM OF EMAIL CONFIRMING RECEIPT OF NOTICE OF WITHDRAWAL OF ELECTION FORM From: TherapeuticsMD, Inc. Re: Confirmation of Receipt of Notice of Withdrawal of Election Form This message confirms that TherapeuticsMD, Inc. (“TherapeuticsMD”) has received your Notice of Withdrawal of Election Form (“Notice of Withdrawal”). This conf

August 26, 2021 EX-99.(A)(1)(J)

Form of Expiration Notice Email

Exhibit (a)(1)(J) FORM OF EXPIRATION NOTICE EMAIL From: TherapeuticsMD, Inc. Re: Expiration of the Exchange Offer The Exchange Offer described in the Offer to Exchange Eligible Options for New Restricted Stock Units, dated August 26, 2021 (the ?Offer Documents?), has expired, and no additional Election Forms or Notices of Withdrawal may be submitted. If you are an Eligible Employee and have delive

August 26, 2021 EX-99.(A)(1)(K)

Form of Welcome Email

Exhibit (a)(1)(K) From Address: [email protected] Subject: Welcome Email Dear [[firstname]], TherapeuticsMD, Inc.?s Offer to Exchange Eligible Options for New Restricted Stock Units (the ?Exchange Offer?) has begun. You can access information about the Exchange Offer using the TD Ameritrade Equity 360 portal by logging into your TD Ameritrade account with the following link htt

August 26, 2021 EX-99.(A)(1)(A)

Offer to Exchange Eligible Options for New Restricted Stock Units, dated August 26, 2021

Exhibit (a)(1)(A) THERAPEUTICSMD, INC. 951 YAMATO ROAD, SUITE 220 BOCA RATON, FLORIDA 33431 OFFER TO EXCHANGE ELIGIBLE OPTIONS FOR NEW RESTRICTED STOCK UNITS AUGUST 26, 2021 THERAPEUTICSMD, INC. SUMMARY TERM SHEET ? OVERVIEW OFFER TO EXCHANGE ELIGIBLE OPTIONS FOR NEW RESTRICTED STOCK UNITS This offer and withdrawal rights will expire at 5:00 p.m., Eastern Time, on Friday, September 24, 2021, unles

August 26, 2021 EX-99.(A)(1)(D)

Notice of Withdrawal of Election Form

Exhibit (a)(1)(D) INSTRUCTIONS TO NOTICE OF WITHDRAWAL OF ELECTION FORM If you previously elected to accept the offer by TherapeuticsMD, Inc.

August 26, 2021 EX-99.(A)(1)(L)

Form of Email Notice Regarding Invalid Election Form

FORM OF EMAIL NOTICE REGARDING INVALID SUBMISSION OF ELECTION FORM From: TherapeuticsMD, Inc.

August 9, 2021 EX-10.1

Executive Employment Agreement, dated as of August 3, 2021, by and between TherapeuticsMD, Inc. and Hugh O’Dowd(28)

Exhibit 10.1 CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED. EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (this ?Agreement?), by and between TherapeuticsMD, Inc., a Nevada corporation (the ?Company?), and Hugh O?Dowd (?

August 9, 2021 8-K

Regulation FD Disclosure, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): August 3, 2021 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

August 9, 2021 EX-99.1

TherapeuticsMD Announces Appointment of Hugh O’Dowd as President ̶ O’Dowd brings 25+ years of experience in senior leadership roles with leading pharmaceutical companies –

Exhibit 99.1 FOR IMMEDIATE RELEASE TherapeuticsMD Announces Appointment of Hugh O?Dowd as President ? O?Dowd brings 25+ years of experience in senior leadership roles with leading pharmaceutical companies ? BOCA RATON, Fla. ? August 8, 2021 ? TherapeuticsMD, Inc. (NASDAQ: TXMD), an innovative, leading women?s healthcare company, today announced the appointment of Hugh O?Dowd as President. Mr. O?Do

August 4, 2021 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2021 or ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 001-00100 THERAPEUTI

August 4, 2021 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): August 4, 2021 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File

August 4, 2021 EX-99.1

TherapeuticsMD Announces Second Quarter 2021 Financial Results - 2Q21 total net product revenue increased by 17% over 1Q21 to $23 million - - ANNOVERA® prescription growth supported by improved access to providers and increased telemedicine options f

Exhibit 99.1 FOR IMMEDIATE RELEASE TherapeuticsMD Announces Second Quarter 2021 Financial Results - 2Q21 total net product revenue increased by 17% over 1Q21 to $23 million - - ANNOVERA? prescription growth supported by improved access to providers and increased telemedicine options for patients - - Prescriptions for IMVEXXY? grew by 8% over 1Q21, outpacing the VVA market - - Centers for Medicare

August 4, 2021 EX-99.2

Forward-Looking Statements FOR INVESTOR PRESENTATION PURPOSES ONLY. 2

EX-99.2 3 txmd-ex992308.htm EX-99.2 Building the Premier Women’s Health Company 2Q 2021 Earnings August 4, 2021 Exhibit 99.2 Forward-Looking Statements FOR INVESTOR PRESENTATION PURPOSES ONLY. 2 Summary of Q2 Performance FOR INVESTOR PRESENTATION PURPOSES ONLY. 3 Overall Revenue and Unit Growth Quarter over Quarter while Navigating Covid-19 OVERALL Revenue increase of 17% 2Q21 vs 1Q21 ANNOVERA 17%

July 7, 2021 SC 13G

TXMD / TherapeuticsMD Inc / Flynn James E Passive Investment

SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 SCHEDULE 13G (Rule 13d-102) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO RULES 13d-1(b)(c), AND (d) AND AMENDMENTS THERETO FILED PURSUANT TO RULE 13d-2(b) (Amendment No.

June 8, 2021 S-8

As filed with the Securities and Exchange Commission on June 7, 2021

S-8 1 d119321ds8.htm FORM S-8 As filed with the Securities and Exchange Commission on June 7, 2021 Registration No. 333- UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM S-8 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 TherapeuticsMD, Inc. (Exact name of registrant as specified in its charter) Nevada 87-0233535 (State or other jurisdiction of incorporation or

May 28, 2021 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits, Submission of Matters to a Vote of Security Holders

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): May 27, 2021 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or other jurisdiction of incorporation) (Commission File Nu

May 21, 2021 DEFA14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. )

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant ? Filed by a Party other than the Registrant ? Check the appropriate box: ? Preliminary Proxy Statement ? Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) ? Defin

May 6, 2021 10-Q

Quarterly Report - 10-Q

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q (Mark One) ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2021 or ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 0

May 6, 2021 8-K

Regulation FD Disclosure, Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): May 6, 2021 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File Num

May 6, 2021 EX-99.2

Forward-Looking Statements This presentation by TherapeuticsMD, Inc. (referred to as “we,” “our,” or the “Company”) may contain forward-looking statements. Forward-looking statements may include, but are not limited to, statements relating to our obj

Building the Premier Women?s Health Company 1Q 2021 Earnings May 6, 2021 Exhibit 99.

May 6, 2021 EX-99.1

TherapeuticsMD Announces First Quarter 2021 Financial Results - 1Q21 total net revenue increased to $19.9 million - - 1Q21 total net product revenue increased 60% to $19.6 million compared to 1Q20 - - ANNOVERA prescriptions continue to grow with incr

EX-99.1 2 d915418dex991.htm EX-99.1 Exhibit 99.1 FOR IMMEDIATE RELEASE TherapeuticsMD Announces First Quarter 2021 Financial Results - 1Q21 total net revenue increased to $19.9 million - - 1Q21 total net product revenue increased 60% to $19.6 million compared to 1Q20 - - ANNOVERA prescriptions continue to grow with increasing consumer support and acceptance - - Further strengthened ANNOVERA® paten

April 14, 2021 DEF 14A

First Amendment to the TherapeuticsMD, Inc. 2019 Stock Incentive Plan(31)

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No.

April 14, 2021 DEFA14A

- DEFA14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No.

April 12, 2021 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (date of earliest event reported): April 8, 2021 TherapeuticsMD, Inc. (Exact Name of Registrant as Specified in Its Charter) Nevada 001-00100 87-0233535 (State or Other Jurisdiction of Incorporation) (Commission File N

April 12, 2021 EX-10.1

Amendment, dated April 8, 2021, to the Amended and Restated Employment Agreement, dated as of November 24, 2020, by and between TherapeuticsMD, Inc. and John C.K. Milligan, IV.

TherapeuticsMD, Inc. 8-K Exhibit 10.1 AMENDMENT TO THE EMPLOYMENT AGREEMENT OF JOHN MILLIGAN This Amendment (?Amendment?) to the Amended and Restated Employment Agreement of John Milligan (?Agreement?), effective November 24, 2020, by and between TherapeuticsMD, Inc. with a place of business at 951 Yamato Road, Suite 220, Boca Raton, Florida 33431 (?TherapeuticsMD?); and John Milligan (?Milligan?)

April 1, 2021 PRE 14A

- PRE 14A

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No.

March 4, 2021 EX-10.24

Amendment No. 7 to the Financing Agreement, by and among TherapeuticsMD, Inc., VitaMedMD, LLC, BocagreenMD, Inc., VitaCare Prescription Services, Inc., Sixth Street Specialty Lending, Inc., Top IV Talents, LLC and Tao Talents, LLC

TherapeuticsMD, Inc. 10-K Exhibit 10.24 AMENDMENT NO. 7 TO FINANCING AGREEMENT AMENDMENT NO. 7 TO FINANCING AGREEMENT, dated as of January 13, 2021 (this ?Amendment?), to the Financing Agreement, dated as of April 24, 2019 (as amended, restated, supplemented or otherwise modified from time to time, the ?Financing Agreement?), by and among THERAPEUTICSMD, INC., a Nevada corporation (?Company? or ?B

March 4, 2021 EX-10.25

Amendment No. 8 to the Financing Agreement, by and among TherapeuticsMD, Inc., VitaMedMD, LLC, BocagreenMD, Inc., VitaCare Prescription Services, Inc., Sixth Street Specialty Lending, Inc., Top IV Talents, LLC and Tao Talents, LLC

TherapeuticsMD, Inc. 10-K Exhibit 10.25 Execution Version CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED. AMENDMENT NO. 8 TO FINANCING AGREEMENT AMENDMENT NO. 8 TO FINANCING AGREEMENT, dated as of March 1, 2021 (this ?Ame

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