Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard.
On January 6, 2023, TherapeuticsMD, Inc. (the "Company") received a deficiency
letter (the "Notice") from the Listing Qualifications Department of the Nasdaq
Stock Market, LLC ("Nasdaq") notifying the Company that it was not in compliance
with the rules for continued listing as set forth in Nasdaq Listing Rule 5620(a)
(the "Annual Meeting Rule") due to the Company's failure to hold an annual
meeting of stockholders within 12 months after its fiscal year ended
December 31, 2021. The Notice has no immediate effect on the listing of the
Company's common stock, par value $0.001 per share ("Common Stock"). The Company
did not hold an annual meeting of stockholders during 2022 due to its then
ongoing strategic processes.
The Notice states that, under Nasdaq Listing Rule 5810(c)(2)(G), the Company has
45 calendar days, or until February 20, 2023, to submit a plan to regain
compliance with the Annual Meeting Rule. If such plan is acceptable to Nasdaq,
Nasdaq may grant the Company an extension of up to 180 calendar days from the
Company's fiscal year end, or until June 29, 2023, to regain compliance.
The Company intends to submit a plan within the required timeframe to regain
compliance with the Annual Meeting Rule by holding the 2022 annual meeting of
stockholders prior to June 29, 2023. If Nasdaq does not accept the Company's
plan, the Company will have the opportunity to appeal Nasdaq's decision to a
Hearings Panel. If the Company timely appeals, the Company's Common Stock would
remain listed pending such Hearing Panel's decision. There can be no assurance
that, if the Company does appeal, such appeal would be successful.
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