Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.

Effective May 27, 2022, the Board of Directors of TherapeuticsMD, Inc., a Nevada corporation (the "Company"), adopted and approved an amendment to the Bylaws of the Company, as previously amended (the "Bylaw Amendment"), to render the provisions of Nevada's acquisition of controlling interest statutes (NRS 78.378 through 78.3793, inclusive) not applicable to the Agreement and Plan of Merger, dated as of May 27, 2022 (the "Merger Agreement"), among the Company, Athene Parent, Inc. and Athene Merger Sub, Inc. ("Merger Sub"), the acquisition of any shares of the Company's capital stock thereunder or the consummation of any transactions contemplated thereby, including, without limitation, the cash tender offer to be commenced by Merger Sub to acquire all of the issued and outstanding shares of the common stock, par value $0.001 per share, of the Company and the merger of Merger Sub with and into the Company, with the Company as the surviving entity.

The foregoing description of the Bylaw Amendment is only a summary and is qualified in its entirety by reference to the complete text of the Bylaw Amendment, which is filed as Exhibit 3.1 to this Current Report on Form 8-K and incorporated herein by reference.

Item 9.01 Financial Statements and Exhibits.



(d)Exhibits

                                    Exhibit Index

Exhibit No.   Description


3.1             Second Amendment to Bylaws of the Company, adopted May 27, 2022.

104           Cover Page Interactive Data File (the cover page tags are embedded
              within the Inline XBRL document).

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