Modification to Rights of Security Holders Form 8 K

Item 3.03 Material Modifications to Rights of Security Holders.

The Required Holders (as defined in the Certificate of Designation) of Evofem Biosciences, Inc. (the "Company") approved, via unanimous written consent, the amended and restated certificate of designation (the "Amended Certificate") to the Company's certificate of designation designating the rights, preferences and limitations of the Company's Series F-1 Convertible Preferred Stock (the "Certificate of Designation"). The Amended Certificate provides, among other things, for the removal of the adjustment provisions previously described in Section 8(h) of the Certificate of Designation and changed the Conversion Price to $0.0154 as described in Section 4(b)(ii). Following the approval of the Amended Certificate, via unanimous written consent of the Required Holders, the Company filed the Amended Certificate with the Secretary of State of the State of Delaware on June 20, 2024.

The foregoing description of the Amended Certificate does not purport to be complete and is qualified in its entirety by reference to the full text of the form of the Amended Certificate, which is filed as Exhibits 3.1 to this Current Report on Form 8-K and incorporated herein by reference.