SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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|Item 1.02||Termination of a Material Definitive Agreement.|
As previously disclosed, on April 27, 2020, TherapeuticsMD, Inc., a Nevada corporation (the “Company”), received a loan pursuant to the Paycheck Protection Program under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), as administered by the U.S. Small Business Administration. The loan in the principal amount of $6,477,094 (the “PPP Loan”) was disbursed by Bank of America, NA, a national banking association, pursuant to a promissory note issued by the Company. Although the Company believes, in good faith, it qualified for the PPP Loan under then-available regulations, as a result of newly-issued guidance, particularly with respect to publicly traded companies receiving funding under the CARES Act, the Company voluntarily returned the PPP Loan proceeds on May 14, 2020.
|Item 8.01||Other Events|
On May 13, 2020, the Company, together with its subsidiaries, amended that certain Financing Agreement, dated as of April 24, 2019, as amended, by and among the Company, certain of the Company’s subsidiaries party thereto from time to time as guarantors, the administrative agent and the various lenders from time to time party thereto, to permit the Company’s repayment of the PPP Loan.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
|Date:||May 15, 2020||By:||/s/ Daniel A. Cartwright|
Daniel A. Cartwright
Chief Financial Officer