Risk Factors Update Summary

• The Federal Circuit reversed the PTAB decision on tined leads patents, leading to a postponed jury trial.
• Proposed Merger with Boston Scientific: The Merger Agreement includes a termination fee of $75 million.
• The Federal Circuit vacated PTAB decision on Patent Nos. 8,738,148 and 8,457,758, remanding for further proceedings.
• Financials: Net losses increased from $59.7 million in 2022 to $80.1 million in 2021.
• Allegations of material breach of License Agreement with AMF may have a material adverse effect.
• Intellectual Property: Axonics faces litigation from AMF regarding royalties on the F15 product.
• Effective termination or loss of rights under the License Agreement could materially affect business.
• Manufacturing Dependency: Axonics relies solely on Contura International for Bulkamid manufacturing.
• Regulatory Compliance: Failure to comply with post-market regulatory requirements could lead to penalties.
• Material weaknesses in internal control over financial reporting may impact Nasdaq listing.
• Cybersecurity: Increasing dependence on IT systems exposes Axonics to cyber-attacks and data breaches.
• Refinement of disclosure controls and procedures ongoing to prevent errors or fraud.
• Talent Retention: The loss of key personnel could impact operations and business objectives.
• Changes in factors influencing the timing and likelihood of the merger with Boston Scientific.