TherapeuticsMD, Inc. 10-Q

Item 5. Other information None. 30 Table of Contents Item 6. Exhibits Exhibit No. Description 3.1† Composite Amended and Restated Articles of Incorporation, as amended. 3.2(1) Fourth Amendment to Bylaws of the Company, dated June 29, 2023. 10.1(2) Subscription Agreement, dated May 1, 2023, between TherapeuticsMD, Inc. and Rubric Capital Management LP. 31.1† Certification of Chief Executive Officer pursuant to Rule 13a-14(a) and Rule 15d-14(a) 31.2† Certification of Principal Financial Officer pursuant to Rule 13a-14(a) and Rule 15d-14(a) 32.1†† Section 1350 Certification of Chief Executive Officer 32.2†† Section 1350 Certification of Principal Financial Officer 101† Inline XBRL Document Set for the condensed consolidated financial statements and accompanying notes in Part I, Item 1, “Financial Statements” of this Quarterly Report on Form 10-Q 104† Inline XBRL for the cover page of this Quarterly Report on Form 10-Q, included in the Exhibit 101 Inline XBRL Document Set † Filed herewith. †† Furnished herewith. (1) Filed as Exhibit 3.1 to the Company’s Current Report on Form 8-K, filed with the Commission on July 6, 2023 and incorporated herein by reference (SEC File No. 001-00100). (2) Filed as Appendix B to the Company’s Definitive Proxy Statement on Schedule 14A, filed with the Commission on May 17, 2023 and incorporated herein by reference (SEC File No. 001-00100). 31 Table of Contents 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 thereunto duly authorized. Date: August 14, 2023 TherapeuticsMD, Inc. /s/ Marlan D. Walker Marlan D. Walker Chief Executive Officer (Principal Executive Officer) /s/ Michael C. Donegan Michael C. Donegan Principal Financial and Accounting Officer 32