Executive Change · Shareholder Vote

United States Securities and Exchange Commission (“SEC”) on May 4, 2020, under the heading “Proposal Four: Adoption of the TherapeuticsMD, Inc. Employee Stock Purchase Plan - Summary of the Purchase Plan,” which description is incorporated by reference herein.   The foregoing description of the ESPP is only a summary and is qualified in its entirety by reference to the full text of the ESPP, which is filed as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated by reference herein.   Item 5.07. Submission of Matters to a Vote of Security Holders. On June 18, 2020, the Company held the Annual Meeting. At the close of business on April 20, 2020, the record date for the determination of stockholders entitled to vote at the Annual Meeting, there were 271,683,266 shares of common stock, $0.001 par value per share (“Common Stock”), of the Company outstanding and entitled to vote at the Annual Meeting. The holders of 228,212,024 shares of Common Stock were represented in person or by proxy at the Annual Meeting, constituting a quorum. At the Annual Meeting, the stockholders of the Company considered and voted on proposals to: (1) elect nine directors, each to serve until the Company’s next annual meeting of stockholders or until their successors are duly elected and qualified; (2) provide a non-binding advisory vote on the compensation of the Company’s named executive officers for fiscal 2019; (3) approve an amendment (the “Charter Amendment”) to the Company’s Amended and Restated Articles of Incorporation, as amended, to increase the number of authorized shares of Common Stock of the Company from 350,000,000 shares to 600,000,000 shares (the “Share Increase”); (4) approve the ESPP; and (5) ratify the appointment of Grant Thornton LLP, an independent registered public accounting firm, as the independent auditor of the Company for the fiscal year ending December 31, 2020. Set forth below are the final voting results for each proposal submitted to a vote of the stockholders at the Annual Meeting. For more information on the following proposals, see the Proxy Statement. Proposal 1 : To elect nine directors, each to serve until the Company’s next annual meeting of stockholders or until their successors are duly elected and qualified.  Nominee     For     Withheld       Broker Non-Votes   Tommy G. Thompson     123,415,400     10,530,699       94,265,925   Robert G. Finizio     127,790,191     6,155,908       94,265,925   Paul M. Bisaro     130,375,825     3,570,274       94,265,925   J. Martin Carroll     130,029,723     3,916,376       94,265,925   Cooper C. Collins     129,626,858     4,319,241       94,265,925   Karen L. Ling     130,628,426     3,317,673       94,265,925   Jules A. Musing     130,261,523     3,684,576       94,265,925   Gail K. Naughton, Ph.D.     130,673,526     3,272,573       94,265,925   Angus C. Russell     122,580,800     11,365,299       94,265,925     Proposal 2 : To provide a non-binding advisory vote on the compensation of the Company’s named executive officers for fiscal 2019.   For       Against         Abstain       Broker Non-Votes     114,856,559       18,416,748         672,792       94,265,925     Proposal 3 : To approve the Charter Amendment to reflect the Share Increase.   For       Against         Abstain       Broker Non-Votes     186,174,341       41,051,335         986,348       0         Proposal 4 : To approve the ESPP.   For       Against         Abstain       Broker Non-Votes     127,267,651       5,915,841         762,607       94,265,925     Proposal 5 : To ratify the appointment of Grant Thornton, LLP, an independent registered public accounting firm, as the independent auditor of the Company for the fiscal year ending December 31, 2020.   For       Against         Abstain       Broker Non-Votes     220,601,280       5,232,340         2,378,404       0       Each of the director nominees and proposals received the necessary votes in favor to be adopted by the Company’s stockholders at the Annual Meeting. Item 9.01    Financial Statements and Exhibits. (d) Exhibits. Exhibit Index Exhibit Number   Description of Exhibit 10.1   TherapeuticsMD, Inc. 2020 Employee Stock Purchase Plan (incorporated by reference to Appendix B to the Company’s Definitive Proxy Statement on Schedule 14A, filed with the SEC on May 4, 2020).   104   Cover Page Interactive Data File (the cover page tags are embedded within the Inline XBRL document).         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 hereunto duly authorized.     THERAPEUTICSMD, INC.     Dated:  June 18, 2020 By: /s/ James C. D'Arecca   Name: Title:  James C. D'Arecca Chief Financial Officer