Evofem Biosciences: amends securities purchase agreement

What happened Evofem Biosciences reported that on Oct 9, 2026 it entered into a 5th amendment to the Securities Purchase Agreement dated Oct 14, 2020 with Adjuvant Global Health Technology Fund, L.P. and Adjuvant Global Health Technology Fund DE, L.P. The SPA relates to convertible promissory notes previously purchased by Adjuvant. The 5th Amendment updates the Maturity Date for the Notes to the earlier of (a) Dec 1, 2026, (b) at the election of Adjuvant, the date of consummation of a Change of Control, and (c) the date of any acceleration of the Notes in accordance with Section 8. The Notes may not be prepaid prior to Dec 1, 2026 without prior written consent of Adjuvant, and the 5th Amendment removed certain affirmative covenants under Section 7.1 of the SPA.

Key details

• Effective Date of the 5th Amendment: Oct 9, 2026.
• Original SPA date: Oct 14, 2020; counterparty: Adjuvant Global Health Technology Fund, L.P. and Adjuvant Global Health Technology Fund DE, L.P.
• New Maturity Date: earlier of (a) Dec 1, 2026, (b) at Adjuvant’s election, date of a Change of Control, or (c) date of acceleration per Section 8.
• Notes cannot be prepaid before Dec 1, 2026 without Adjuvant’s prior written consent; certain affirmative covenants in Section 7.1 were removed.

Why it may matter This 8-K reports Item 1.01: Entry into a Material Definitive Agreement, covering the 5th Amendment to the Securities Purchase Agreement and changes to the Notes’ maturity and covenants. This filing does not show why the insider traded or why the company acted.