0001209191-23-024388.txt : 20230414 0001209191-23-024388.hdr.sgml : 20230414 20230414192038 ACCESSION NUMBER: 0001209191-23-024388 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20230412 FILED AS OF DATE: 20230414 DATE AS OF CHANGE: 20230414 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Walker Marlan D CENTRAL INDEX KEY: 0001820187 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-00100 FILM NUMBER: 23822528 MAIL ADDRESS: STREET 1: 951 YAMATO ROAD STREET 2: SUITE 220 CITY: BOCA RATON STATE: FL ZIP: 33431 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: TherapeuticsMD, Inc. CENTRAL INDEX KEY: 0000025743 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 870233535 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 951 YAMATO ROAD, SUITE 220 CITY: BOCA RATON STATE: FL ZIP: 33431 BUSINESS PHONE: 561-961-1900 MAIL ADDRESS: STREET 1: 951 YAMATO ROAD, SUITE 220 CITY: BOCA RATON STATE: FL ZIP: 33431 FORMER COMPANY: FORMER CONFORMED NAME: AMHN, Inc. DATE OF NAME CHANGE: 20090930 FORMER COMPANY: FORMER CONFORMED NAME: CROFF ENTERPRISES INC DATE OF NAME CHANGE: 19970915 FORMER COMPANY: FORMER CONFORMED NAME: CROFF OIL CO DATE OF NAME CHANGE: 19920703 4 1 doc4.xml FORM 4 SUBMISSION X0407 4 2023-04-12 0 0000025743 TherapeuticsMD, Inc. TXMD 0001820187 Walker Marlan D 951 YAMATO ROAD SUITE 220 BOCA RATON FL 33431 0 1 0 0 Chief Executive Officer 0 Common Stock 2023-04-12 4 M 0 3030 0.00 A 8999 D Common Stock 2023-04-12 4 M 0 1010 0.00 A 10009 D Common Stock 2023-04-12 4 M 0 1734 0.00 A 11743 D Common Stock 2023-04-12 4 M 0 1734 0.00 A 13477 D Common Stock 2023-04-12 4 S 0 1170 3.6543 D 12307 D Performance Stock Units 0.00 2023-04-12 4 M 0 3030 0.00 D Common Stock 3030 0 D Restricted Stock Units 0.00 2023-04-12 4 M 0 1010 0.00 D Common Stock 1010 0 D Restricted Stock Units 0.00 2023-04-12 4 M 0 1734 0.00 D Common Stock 1734 3466 D Performance Stock Units 0.00 2023-04-12 4 M 0 1734 0.00 D Common Stock 1734 3466 D The reported securities represent shares of issuer common stock sold upon settlement to satisfy tax obligations. The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices of $3.63 through $3.71, inclusive. The reporting person undertakes to provide to TherapeuticsMD, Inc., any security holder of TherapeuticsMD, Inc., or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of shares sold at each separate price within the ranges set forth. The performance stock units (PSUs) vested upon the issuer achieving break-even of quarterly earnings before interest, taxes, depreciation and amortization (EBITDA) for a fiscal quarter no later than the quarter ending December 31, 2022, otherwise the PSUs would have been forfeited. Each PSU represents a contingent right to receive one share of common stock of the issuer. Each restricted stock unit (RSU) represents a contingent right to receive one share of common stock of the issuer. The RSUs vested in three equal installments annually, becoming fully vested on March 30, 2023. Each restricted stock unit (RSU) represents a contingent right to receive one share of common stock of the issuer. The RSUs will vest in three equal installments annually beginning March 23, 2023, becoming fully vested on March 23, 2025. The vested performance stock units (PSUs) represent PSUs deemed by the compensation committee to be vested at target due to the change in the issuer's business model. The remaining PSUs vest based on the issuer achieving certain revenue milestones over the period from 2021 through 2023. One quarter of the initial PSUs were forfeited based on the failure of the issuer to achieve certain EBITDA milestones for the year ended December 31, 2021. Each PSU represents a contingent right to receive one share of common stock of the issuer. /s/ Marlan D. Walker 2023-04-14