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SUBSEQUENT EVENTS
12 Months Ended
Dec. 31, 2020
Subsequent Events [Abstract]  
SUBSEQUENT EVENTS

NOTE 16 – SUBSEQUENT EVENTS

 

During the period from January 1, 2021 through February 8, 2021 in accordance with the terms of the sales agreement described in Note 9- Stockholders’ Equity, we sold 28,600,689 shares of Common Stock for net proceeds of approximately $47.3 million through Cantor Fitzgerald who acted as our sales agent.

 

On January 13, 2021, we entered into Amendment No. 7 to the Financing Agreement, or Amendment No. 7, pursuant to which, among other amendments, the minimum consolidated net revenue requirements attributable to commercial sales of IMVEXXY, BIJUVA, and ANNOVERA for the fiscal quarters ending March 31, 2021 and June 30, 2021 were reduced to $18.0 million and $22.0 million, respectively. On January 13, 2021, in connection with entering into Amendment No. 7 to the Financing Agreement, the Lender Warrants were further amended to provide for an additional adjustment to the exercise price if we conduct certain dilutive issuances prior to March 31, 2021.

 

On March 1, 2021, we entered into Amendment No. 8, pursuant to which, among other amendments, the minimum consolidated net revenue requirements attributable to commercial sales of IMVEXXY, BIJUVA, and ANNOVERA. See Note 8 – Debt for information regarding Amendment No. 8.

 

On February 11, 2021, we entered into an underwriting agreement with Cantor Fitzgerald, as underwriter, relating to an underwritten public offering of 59,459,460 shares of Common Stock. Pursuant to the underwriting agreement, we granted to the underwriter an option, exercisable for a period of 30 days, to purchase up to 8,918,919 additional shares of Common Stock. The net proceeds to us from the offering, excluding any proceeds that may be received from the exercise of the underwriter’s option to purchase additional shares, are expected to be approximately $97.1 million, after deducting the underwriting discounts and commissions and estimated offering expenses payable by us. The offering closed on February 16, 2021.