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( Mark One ) 0 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington , D.C. 20549 FORM 10 - K ANNUAL REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31 , 2020 OR TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE TRANSITION PERIOD FROM ΤΟ Commission File Number 001-36754 EVOFEM BIOSCIENCES , INC . ( Exact name of Registrant as specified in its Charter ) Delaware ( State or other jurisdiction of incorporation or organization ) 12400 High Bluff Drive , Suite 600 San Diego , CA ( Address of principal executive offices ) Registrant's telephone number , including area code : ( 858 ) 550-1900 Securities registered pursuant to Section 12 ( b ) of the Act : Title of each class Common Stock , par value $ 0.0001 per share Series A Preferred Stock Purchase Rights , par value $ 0.0001 per share None . Trading Symbol ( s ) EVFM N / A 20-8527075 ( I.R.S. Employer Identification No. ) 92130 ( Zip Code ) Yes No > Securities registered pursuant to Section 12 ( g ) of the Act : None Indicate by check mark if the Registrant is a well - known seasoned issuer , as defined in Rule 405 of the Securities Act . Indicate by check mark if the Registrant is not required to file reports pursuant to Section 13 or 15 ( d ) of the Act . Yes Indicate by check mark whether the Registrant : ( 1 ) has filed all reports required to be filed by Section 13 or 15 ( d ) of the Securities Exchange Act of 1934 during the preceding 12 months ( or for such shorter period that the Registrant was required to file such reports ) , and ( 2 ) has been subject to such filing requirements for the past 90 days . Yes No No Accelerated filer Smaller reporting company Name of each exchange on which registered The Nasdaq Stock Market LLC ( Nasdaq Capital Market ) Indicate by check mark whether the Registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S - T ( §232.405 of this chapter ) during the preceding 12 months ( or for such shorter period that the Registrant was required to submit such files ) . Yes No The Nasdaq Stock Market LLC ( Nasdaq Capital Market ) Indicate by check mark whether the Registrant is a large accelerated filer , an accelerated filer , a non - accelerated filer , or a smaller reporting company . See the definition of " large accelerated filer " , " accelerated filer ” , and “ smaller reporting company " in Rule 12b - 2 of the Exchange Act . Large accelerated filer Non - accelerated filer 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 . DOCUMENTS INCORPORATED BY REFERENCE Indicate by check mark whether the registrant has filed a report on and attestation to its management's assessment of the effectiveness of its internal control over financial reporting under Section 404 ( b ) of the Sarbanes - Oxley Act ( 15 U.S.C. 7262 ( b ) ) by the registered public accounting firm that prepared or issued its audit report . Indicate by check mark whether the Registrant is a shell company ( as defined in Rule 12b - 2 of the Exchange Act ) . Yes No The aggregate market value of the common stock held by non - affiliates of the registrant was approximately $ 190,546,003 as of June 30 , 2020 , based upon the closing sale price on the Nasdaq Capital Market reported for such date . Shares of common stock held by each executive officer and director and certain holders of more than 10 % of the outstanding shares of the registrant's common stock have been excluded in that such persons may be deemed to be affiliates . Shares of common stock held by other persons , including certain other holders of more than 10 % of the outstanding shares of common stock , have not been excluded in that such persons are not deemed to be affiliates . This determination of affiliate status is not necessarily a conclusive determination for other purposes . The number of shares of Registrant's Common Stock outstanding as of February 28 , 2021 , was 83,119,033 .