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 File Number) |
| (IRS Employer |
951 Yamato Road, Suite 220 Boca Raton, FL 33431 |
(Address of Principal Executive Office) (Zip Code) |
Registrant’s telephone number, including area code: (561) 961-1900
Not Applicable |
(Former name or former address, if changed since last report) |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
☐ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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☐ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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☐ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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☐ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Securities registered pursuant to Section 12(b) of the Act:
Title of Each Class | Trading Symbol | Name of Each Exchange on Which Registered |
Common Stock, par value $0.001 per share | TXMD | The Nasdaq Stock Market LLC |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230-405) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2).
Emerging growth company ☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
EXPLANATORY NOTE
On November 12, 2021, TherapeuticsMD, Inc., a Nevada corporation (the "Company"), filed a Current Report on Form 8-K (the “Original 8-K”) to announce that on November 11, 2021, the Company issued a press release, provided a slide presentation and held a webcast and conference call announcing its financial results for the third quarter ended September 30, 2021 (the “Earnings Call”). This Amendment No. 1 to the Original 8-K is being filed solely to furnish the transcript from the Earnings Call.
Item 2.02 | Results of Operations and Financial Condition. |
See information provided in Item 7.01.
Item 7.01 | Regulation FD Disclosure. |
On November 11, 2021, the Company issued a press release and provided a slide presentation, each of which were previously furnished with the Original 8-K. Also on November 11, 2021, the Company held the Earnings Call. A copy of the transcript from the Earnings Call is furnished as Exhibit 99.1 and is incorporated by reference herein.
The information in this Item 7.01 and the information contained in Exhibit 99.1 is furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as may be expressly set forth by specific reference in any such filing, regardless of any general incorporation language in the filing.
The Company does not have, and expressly disclaims, any obligation to release publicly any updates or any changes in its expectations or any change in events, conditions, or circumstances on which any forward-looking statement is based.
Item 9.01 | Financial Statements and Exhibits. |
(d) | Exhibits |
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Exhibit Index | |||
Exhibit No. | Description | ||
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99.1 | Transcript of Earnings Conference Call on November 11, 2021.
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104 | Cover Page Interactive Data File (the cover page tags are embedded within the Inline XBRL document). | ||
SIGNATURES
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: November 16, 2021 |
| THERAPEUTICSMD, INC. |
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| /s/ James C. D’Arecca |
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| James C. D’Arecca |
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| Chief Financial Officer |