Delaware
|
|
47-0883144
|
(State or other jurisdiction of incorporation or
organization)
|
|
(IRS Employer Identification No.)
|
Large
accelerated filer
|
☐
|
Accelerated
filer
|
☐
|
Non-accelerated
filer
|
☒
|
Smaller
reporting company
|
☒
|
|
Emerging
growth company
|
☐
|
Title of each class
|
|
Trading Symbol(s)
|
|
Name of each exchange on which registered
|
Common
Stock, par value $0.0001 per share
|
|
AYTU
|
|
The
NASDAQ Stock Market LLC
|
|
|
Page
|
|
PART I—FINANCIAL INFORMATION
|
|
|
|
|
4
|
||
|
|
|
|
4
|
|
|
|
|
|
5
|
|
|
|
|
|
6
|
|
|
|
|
|
7
|
|
|
|
|
|
8
|
|
|
|
|
28
|
||
|
|
|
33
|
||
|
|
|
33
|
||
|
|
|
|
PART II—OTHER INFORMATION
|
|
|
|
|
34
|
||
|
|
|
34
|
||
|
|
|
44
|
||
|
|
|
44
|
||
|
|
|
44
|
||
|
|
|
44
|
||
|
|
|
44
|
||
|
|
|
45
|
|
Three Months Ended December 31,
|
Six Months Ended December 31,
|
||
|
2019
|
2018
|
2019
|
2018
|
|
|
|
|
|
Revenues
|
|
|
|
|
Product
revenue, net
|
$3,175,236
|
$1,795,011
|
$4,615,062
|
$3,226,820
|
|
|
|
|
|
Operating expenses
|
|
|
|
|
Cost
of sales
|
606,046
|
525,138
|
981,766
|
936,097
|
Research
and development
|
66,675
|
149,029
|
144,695
|
304,907
|
Selling,
general and administrative
|
6,516,160
|
5,046,174
|
11,662,603
|
8,622,754
|
Selling,
general and administrative - related party
|
–
|
91,337
|
–
|
345,046
|
Amortization
of intangible assets
|
953,450
|
534,063
|
1,528,567
|
986,020
|
Total
operating expenses
|
8,142,331
|
6,345,741
|
14,317,631
|
11,194,824
|
|
|
|
|
|
Loss
from operations
|
(4,967,095)
|
(4,550,730)
|
(9,702,569)
|
(7,968,004)
|
|
|
|
|
|
Other (expense) income
|
|
|
|
|
Other
(expense), net
|
(446,958)
|
(127,569)
|
(642,344)
|
(204,130)
|
Gain
from derecognition of contingent consideration
liability
|
5,199,806
|
–
|
–
|
–
|
Gain
from warrant derivative liability
|
–
|
20,637
|
1,830
|
67,989
|
Total
other (expense) income
|
4,752,848
|
(106,932)
|
4,559,292
|
(136,141)
|
|
|
|
|
|
Net loss
|
$(214,247)
|
$(4,657,662)
|
$(5,143,277)
|
$(8,104,145)
|
|
|
|
|
|
Weighted
average number of common shares outstanding
|
17,538,148
|
6,477,004
|
16,425,990
|
4,183,591
|
|
|
|
|
|
Basic
and diluted net loss per common share
|
$(0.01)
|
$(0.72)
|
$(0.31)
|
$(1.94)
|
|
Preferred Stock
|
Common Stock
|
Additional paid-in
|
Accumulated
|
Total Stockholders'
|
||
|
Shares
|
Amount
|
Shares
|
Amount
|
capital
|
Deficit
|
Equity
|
|
|
|
|
|
|
|
|
BALANCE - June
30, 2019
|
3,594,981
|
$359
|
17,538,071
|
$1,754
|
$113,475,205
|
$(106,389,500)
|
$7,087,818
|
|
|
|
|
|
|
|
|
Stock-based
compensation (unaudited)
|
–
|
–
|
–
|
–
|
165,171
|
–
|
165,171
|
Preferred
stock converted in common stock (unaudited)
|
(443,833)
|
(44)
|
443,833
|
44
|
–
|
–
|
–
|
Net loss
(unaudited)
|
–
|
–
|
–
|
–
|
–
|
(4,929,030)
|
(4,929,030)
|
|
|
|
|
|
|
|
|
BALANCE -
September 30, 2019 (unaudited)
|
3,151,148
|
$315
|
17,981,904
|
$1,798
|
$113,640,376
|
$(111,318,530)
|
$2,323,959
|
|
|
|
|
|
|
|
|
Stock-based
compensation (unaudited)
|
–
|
–
|
–
|
–
|
162,264
|
–
|
162,264
|
Issuance of
Series F preferred stock from October 2019 private placement
financing, net of $741,650 issuance costs
(unaudited)
|
10,000
|
1
|
–
|
–
|
5,249,483
|
–
|
5,249,484
|
Warrants
issued in connection with the private placement
(unaudited)
|
–
|
–
|
–
|
–
|
4,008,866
|
–
|
4,008,866
|
Issuance of
Series G preferred stock due to acquisition of the Cerecor
portfolio of pediatrics therapeutics
(unaudited)
|
9,805,845
|
981
|
–
|
–
|
5,558,933
|
|
5,559,914
|
Preferred
stock converted in common stock (unaudited)
|
(2,751,148)
|
(275)
|
2,751,148
|
275
|
–
|
–
|
–
|
|
|
|
|
|
|
|
|
Net loss
(unaudited)
|
–
|
–
|
–
|
–
|
–
|
(214,247)
|
(214,247)
|
|
|
|
|
|
|
|
|
BALANCE -
December 31, 2019 (unaudited)
|
10,215,845
|
$1,022
|
20,733,052
|
$2,073
|
$128,619,922
|
$(111,532,777)
|
$17,090,240
|
|
Six Months Ended December 31,
|
|
|
2019
|
2018
|
|
|
|
Operating Activities
|
|
|
Net
loss
|
$(5,143,277)
|
$(8,104,145)
|
Adjustments to reconcile net loss to cash used in operating
activities:
|
|
|
Depreciation,
amortization and accretion
|
2,157,540
|
1,230,671
|
Stock-based
compensation expense
|
327,435
|
346,176
|
Derecognition
of contingent consideration
|
(5,199,806)
|
–
|
Issuance
of common stock to employee
|
–
|
11,690
|
Derivative
income
|
(1,830)
|
(67,989)
|
Changes
in operating assets and liabilities:
|
|
|
(Increase)
in accounts receivable
|
(3,456,364)
|
(903,708)
|
(Increase)
in inventory
|
(132,199)
|
(305,888)
|
(Increase)
in prepaid expenses and other
|
(171,430)
|
(504,757)
|
(Increase)
in other current assets
|
(136,694)
|
–
|
Increase
in accounts payable and other
|
2,806,973
|
252,113
|
Increase
in accrued liabilities
|
145,467
|
760,798
|
(Decrease)
Increase in accrued compensation
|
(62,729)
|
203,160
|
(Decrease)
in fixed payment arrangements
|
(216,150)
|
–
|
Increase
in interest payable
|
–
|
36,164
|
(Decrease)
in deferred rent
|
(3,990)
|
(1,450)
|
Net
cash used in operating activities
|
(9,087,054)
|
(7,047,165)
|
|
|
|
Investing Activities
|
|
|
Deposit
|
–
|
2,888
|
Purchases
of fixed assets
|
–
|
(12,954)
|
Contingent
consideration payment
|
(104,635)
|
(50,221)
|
Note
receivable
|
(1,350,000)
|
–
|
Purchase
of assets
|
(4,500,000)
|
(800,000)
|
Net
cash used in investing activities
|
(5,954,635)
|
(860,287)
|
|
|
|
Financing Activities
|
|
|
Issuance
of preferred, common stock and warrants
|
10,000,000
|
15,180,000
|
Issuance
costs related to preferred, common stock and warrants
|
(741,650)
|
(1,479,963)
|
Issuance
of debt
|
–
|
5,000,000
|
Net
cash provided by financing activities
|
9,258,350
|
18,700,037
|
|
|
|
Net
change in cash, restricted cash and cash equivalents
|
(5,783,339)
|
10,792,585
|
Cash,
restricted cash and cash equivalents at beginning of
period
|
11,294,227
|
7,112,527
|
Cash,
restricted cash and cash equivalents at end of period
|
$5,510,888
|
$17,905,112
|
|
|
|
Supplemental disclosures of cash and non-cash investing and
financing transactions
|
||
Cash
paid for interest
|
$161,890
|
$–
|
Fair
value of right-to-use asset and related lease
liability
|
374,568
|
–
|
Issuance
of Series G preferred stock due to acquisition of the Cerecor
portfolio of pediatrics therapeutics (unaudited)
|
5,559,914
|
–
|
Inventory
payment included in accounts payable
|
460,416
|
–
|
Contingent
consideration included in accounts payable
|
16,014
|
–
|
Fixed
payment arrangements included in accounts payable
|
291,666
|
–
|
Exchange
of convertible preferred stock into common stock
|
319
|
–
|
Return
deductions received by Cerecor
|
1,309,365
|
–
|
Fair
value of warrants issued to investors and underwriters
|
–
|
1,888,652
|
Issuance
of preferred stock related to purchase of asset
|
–
|
519,600
|
Contingent
consideration related to purchase of asset
|
$–
|
$8,833,219
|
|
As of November 1, 2019
|
|
|
Acquired
product technology rights
|
$22,700,000
|
(aa)
|
Due to
a lack of financial information covering the period from October 1,
2019 through November 1, 2019, the Company was not able to provide
pro forma adjusted financial statements without making estimated
extrapolations that the Company did not believe would be useful to
users of the above pro forma information.
|
|
|
(bb)
|
Pro
forma net loss per share calculations excluded the impact of the
issuance of the Series G Convertible Preferred under the assumption
those shares would continue to remain non-participatory until the
July 1, 2020 effective registration.
|
|
As
of
|
As
of
|
|
December
31,
|
June
30,
|
|
2019
|
2019
|
Raw materials
|
$182,000
|
$117,000
|
Finished goods
|
2,310,000
|
1,323,000
|
|
$2,492,000
|
$1,440,000
|
|
Estimated Useful
Lives in
|
As
of
December
31,
|
As
of
June
30,
|
|
years
|
2019
|
2019
|
|
|
|
|
Manufacturing
equipment
|
2 - 5
|
$83,000
|
$83,000
|
Leasehold
improvements
|
3
|
112,000
|
112,000
|
Office equipment,
furniture and other
|
2 - 5
|
265,000
|
315,000
|
Lab
equipment
|
3 - 5
|
90,000
|
90,000
|
Less accumulated
depreciation and amortization
|
|
(428,000)
|
(396,000)
|
|
|
|
|
Fixed
assets, net
|
|
$122,000
|
$204,000
|
|
Total
|
2020
|
2021
|
2022
|
2023
|
2024
|
Thereafter
|
Remaining
Office leases
|
$445,000
|
$54,000
|
$113,000
|
$117,000
|
$121,000
|
$40,000
|
−
|
Less:
Discount Adjustment
|
(70,000)
|
|
|
|
|
|
|
Total
lease liability
|
375,000
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Lease
liability - current portion
|
83,000
|
|
|
|
|
|
|
Long-term
lease liability
|
$292,000
|
|
|
|
|
|
|
|
As
of
|
As
of
|
|
December
31,
|
June
30,
|
|
2019
|
2019
|
|
|
|
Patents
|
$380,000
|
$380,000
|
Less
accumulated amortization
|
(172,000)
|
(159,000)
|
Patents,
net
|
$208,000
|
$221,000
|
|
As
of
|
As
of
|
|
December
31
|
June
30,
|
|
2019
|
2019
|
Accrued
accounting fee
|
$63,000
|
$85,000
|
Accrued
program liabilities
|
1,087,000
|
736,000
|
Accrued
product-related fees
|
601,000
|
295,000
|
Other
accrued liabilities*
|
100,000
|
32,000
|
Accrued
note payable
|
263,000
|
–
|
Total
accrued liabilities
|
$2,114,000
|
$1,148,000
|
Level 1:
|
Inputs
that reflect unadjusted quoted prices in active markets that are
accessible to Aytu for identical assets or
liabilities;
|
|
|
Level 2:
|
Inputs
that include quoted prices for similar assets and liabilities in
active or inactive markets or that are observable for the asset or
liability either directly or indirectly; and
|
|
|
Level 3:
|
Unobservable
inputs that are supported by little or no market
activity.
|
|
As
of
December
31,
2019
|
As
of
June
30,
2019
|
Warrant
Derivative Liability
|
|
|
Volatility
|
163.2%
|
163.2%
|
Equivalent
term (years)
|
2.88
|
3.13
|
Risk-free
interest rate
|
1.71%
|
1.71%
|
Dividend
yield
|
0.00%
|
0.00%
|
|
|
|
|
Fair Value Measurements at December 31, 2019
|
|||||
|
|
Fair Value at December 31, 2019
|
|
Quoted Priced in Active Markets for Identical Assets (Level
1)
|
|
Significant Other Observable Inputs(Level 2)
|
|
Significant Unobservable Inputs(Level 3)
|
|
Non-recurring
|
|
|
|
|
|
|
|
|
|
Product
technology rights
|
$
|
22,321,667
|
|
–
|
|
–
|
$
|
22,321,667
|
|
Goodwill
|
|
15,387,064
|
|
–
|
|
–
|
|
15,387,064
|
|
Fixed payment
arrangements
|
|
26,056,217
|
|
–
|
|
–
|
|
26,056,217
|
|
|
$
|
63,764,948
|
|
–
|
|
–
|
$
|
63,764,948
|
|
|
As
of
November
1,
2019
(*)
|
Product
technology rights
|
|
Re-levered
Beta
|
1.60
|
Market risk
premium
|
6.00%
|
Small stock
risk premium
|
5.20%
|
Risk-free
interest rate
|
2.00%
|
Company
specific discount
|
25.00%
|
|
|
As of November
1, 2019 (≠)
|
|
Fixed
payment obligations
|
|
|
|
Discount
rate
|
|
1.8%
to 12.4%
|
|
|
Product
Technology Rights
|
Goodwill
|
Liability
Classified Warrants
|
Contingent
Consideration
|
Fixed Payment
Arrangements
|
Balance as of
June 30, 2019
|
$–
|
$–
|
$13,000
|
$23,326,000
|
$–
|
Transfers
into Level 3
|
–
|
–
|
–
|
–
|
–
|
Transfer out
of Level 3
|
–
|
–
|
–
|
–
|
–
|
Total gains,
losses, amortization or accretion in period
|
(378,000)
|
|
|
–
|
–
|
Included in
earnings
|
–
|
–
|
(2,000)
|
(4,760,000)
|
264,000
|
Included in
other comprehensive income
|
–
|
–
|
–
|
–
|
|
Purchases,
issues, sales and settlements
|
|
|
|
|
|
Purchases
|
22,700,000
|
15,387,000
|
–
|
–
|
–
|
Issues
|
–
|
–
|
–
|
–
|
26,457,000
|
Sales
|
–
|
–
|
–
|
–
|
–
|
Settlements
|
–
|
–
|
–
|
(120,000)
|
(665,000)
|
Balance as of
December 31, 2019
|
$22,322,000
|
$15,387,000
|
$11,000
|
$18,446,000
|
$26,056,000
|
|
Total
|
2020
|
2021
|
2022
|
2023
|
2024
|
Thereafter
|
Prescription
database
|
$1,342,000
|
$296,000
|
$534,000
|
$512,000
|
$–
|
$–
|
$–
|
Pediatric
portfolio fixed payments and product minimums
|
29,824,000
|
2,107,000
|
18,471,000
|
2,950,000
|
2,950,000
|
1,346,000
|
2,000,000
|
Product
milestone payments
|
3,000,000
|
–
|
–
|
–
|
3,000,000
|
–
|
–
|
|
$34,166,000
|
$2,403,000
|
$19,005,000
|
$3,462,000
|
$5,950,000
|
$1,346,000
|
$2,000,000
|
|
Number of
Options
|
Weighted
Average Exercise Price
|
Weighted
Average Remaining Contractual Life in Years
|
Outstanding June
30, 2019
|
1,607
|
$325.73
|
6.13
|
Expired
|
(125)
|
328.00
|
–
|
Outstanding
December 31, 2019
|
1,482
|
325.54
|
6.07
|
Exercisable at
December 31, 2019
|
1,482
|
$325.54
|
6.07
|
|
Number of
Shares
|
Weighted
Average Grant Date Fair Value
|
Weighted
Average Remaining Contractual Life in Years
|
|
|
|
|
Unvested at
June 30, 2019
|
2,346,214
|
$1.83
|
9.1
|
Granted
|
–
|
–
|
–
|
Vested
|
–
|
–
|
–
|
Forfeited
|
(39,900)
|
2.57
|
–
|
Unvested at
December 31, 2019
|
2,306,314
|
$1.81
|
8.6
|
|
Three
Months Ended December 31,
|
Six Months
Ended December 31,
|
||
Selling,
general and administrative:
|
2019
|
2018
|
2019
|
2018
|
Stock
options
|
$2,000
|
$41,000
|
$7,000
|
$107,000
|
Restricted
stock
|
160,000
|
153,000
|
320,000
|
239,000
|
Total
stock-based compensation expense
|
$162,000
|
$194,000
|
$327,000
|
$346,000
|
|
As of
October
11,
2019
|
Expected
volatility
|
1.53
|
Equivalent term
(years)
|
5
|
Risk-free
rate
|
1.59%
|
Dividend
yield
|
0.00%
|
|
Number of
Warrants
|
Weighted
Average Exercise Price
|
Weighted
Average Remaining Contractual Life in Years
|
Outstanding June
30, 2019
|
16,218,908
|
$3.15
|
4.36
|
Warrants issued
(*)
|
10,000,000
|
1.25
|
5.00
|
Warrants
expired
|
–
|
–
|
–
|
Warrants
exercised
|
–
|
–
|
–
|
Outstanding
December 31, 2019
|
26,218,908
|
$2.43
|
4.21
|
|
Number of
Warrants
|
Weighted
Average Exercise Price
|
Weighted
Average Remaining Contractual Life in Years
|
Outstanding June
30, 2019
|
240,755
|
$72.00
|
3.16
|
Warrants
expired
|
–
|
–
|
–
|
Warrants
exercised
|
–
|
–
|
–
|
Outstanding
December 31, 2019
|
240,755
|
$72.00
|
2.65
|
|
|
Six Months
Ended
|
|
|
|
December
31
|
|
|
|
2019
|
2018
|
Warrants to
purchase common stock - liability classified
|
(Note
15)
|
240,755
|
240,755
|
Warrant to purchase
common stock - equity classified
|
(Note
15)
|
26,218,908
|
12,065,506
|
Employee stock
options
|
(Note
14)
|
1,482
|
1,787
|
Employee unvested
restricted stock
|
(Note
14)
|
2,307,854
|
2,744,912
|
Performance-based
options
|
(Note
14)
|
–
|
75,000
|
Convertible
preferred stock
|
(Note
13)
|
10,215,845
|
4,532,664
|
|
38,984,844
|
19,660,624
|
|
Three Months
Ended December 31,
|
|
||
|
2019
|
2018
|
Change
|
%
|
|
|
|
|
|
Revenues
|
|
|
|
|
Product
revenue, net
|
$3,175,236
|
1,795,011
|
1,380,225
|
77%
|
|
|
|
|
|
Operating
expenses
|
|
|
|
|
Cost
of sales
|
606,046
|
525,138
|
80,908
|
15%
|
Research and
development
|
66,675
|
149,029
|
(82,354)
|
-55.3%
|
Selling,
general and administrative
|
6,516,160
|
5,046,174
|
1,469,986
|
29.1%
|
Selling,
general and administrative - related party
|
–
|
91,337
|
(91,337)
|
-100%
|
Amortization
of intangible assets
|
953,450
|
534,063
|
419,387
|
79%
|
Total
operating expenses
|
8,142,331
|
6,345,741
|
1,796,590
|
34%
|
|
|
|
|
|
Loss from
operations
|
(4,967,095)
|
(4,550,730)
|
(416,365)
|
9%
|
|
|
|
|
|
Other
(expense) income
|
|
|
|
|
Other
(expense), net
|
(446,958)
|
(127,569)
|
(319,389)
|
250%
|
Gain from
derecognition of contingent consideration
|
5,199,806
|
–
|
5,199,806
|
100%
|
Gain from
warrant derivative liability
|
–
|
20,637
|
(20,637)
|
-100%
|
Total other
(expense) income
|
4,752,848
|
(106,932)
|
4,859,780
|
-4545%
|
|
|
|
|
|
Net
loss
|
$(214,247)
|
$(4,657,662)
|
4,443,415
|
-95%
|
|
December
31,
|
|
|
2019
|
2018
|
|
|
|
Net cash used
in operating activities
|
$(9,087,054)
|
$(7,047,165)
|
Net cash used
in investing activities
|
(5,954,635)
|
(860,287)
|
Net cash
provided by financing activities
|
$9,258,350
|
$18,700,037
|
Exhibit Number
|
|
Description
|
|
|
|
|
Asset
Purchase Agreement, dated October 10, 2019 (Incorporated by
reference to Exhibit 2.1 of the Registrant’s Current Report
on Form 8-K filed on October 15, 2019)
|
|
|
|
|
|
Form of
Certificate of Designation of Preferences, Rights and Limitations
of Series F Convertible Preferred Stock (Incorporated by reference
to Exhibit 3.1 of the Registrant’s Current Report on Form 8-K
filed on October 15, 2019)
|
|
|
|
|
|
Certificate
of Designation of Preferences, Rights, and Limitations of Series G
Convertible Preferred Stock (Incorporated by reference to Exhibit
3.1 of the Registrant’s Current Report on Form 8-K filed on
November 4, 2019)
|
|
|
|
|
|
Form of
Common Stock Purchase Warrant (Incorporated by reference to Exhibit
4.1 of the Registrant’s Current Report on Form 8-K filed on
October 15, 2019)
|
|
|
|
|
|
Placement
Agency Agreement, dated October 11, 2019 (Incorporated by reference
to Exhibit 10.1 of the Registrant’s Current Report on Form
8-K filed on October 15, 2019)
|
|
|
|
|
|
Form of
Securities Purchase Agreement (Incorporated by reference to Exhibit
10.2 of the Registrant’s Current Report on Form 8-K filed on
October 15, 2019)
|
|
|
|
|
|
Form of
Registration Rights Agreement (Incorporated by reference to Exhibit
10.3 of the Registrant’s Current Report on Form 8-K filed on
October 15, 2019)
|
|
|
|
|
|
First
Amendment to Asset Purchase Agreement dated November 1, 2019
(Incorporated by reference to Exhibit 10.1 of the
Registrant’s Current Report on Form 8-K filed on November 4,
2019)
|
|
|
|
|
|
Registration
Rights Agreement, dated November 1, 2019 (Incorporated by reference
to Exhibit 10.2 of the Registrant’s Current Report on Form
8-K filed on November 4, 2019)
|
|
|
|
|
|
Form of
Cerecor Voting Agreement, dated November 1, 2019 (Incorporated by
reference to Exhibit 10.3 of the Registrant’s Current Report
on Form 8-K filed on November 4, 2019)
|
|
|
|
|
|
Form of
Security Holder Voting Agreement, dated November 1, 2019
(Incorporated by reference to Exhibit 10.4 of the
Registrant’s Current Report on Form 8-K filed on November 4,
2019)
|
|
|
|
|
|
Form of
Officer Voting Agreement, dated November 1, 2019 (Incorporated by
reference to Exhibit 10.5 of the Registrant’s Current Report
on Form 8-K filed on November 4, 2019)
|
|
|
|
|
|
Transition
Services Agreement, dated November 1, 2019 (Incorporated by
reference to Exhibit 10.7 of the Registrant’s Current Report
on Form 8-K filed on November 4, 2019)
|
|
|
|
|
|
Consent
and Limited Waiver Agreement, dated November 1, 2019 (Incorporated
by reference to Exhibit 10.6 of the Registrant’s Current
Report on Form 8-K/A filed on November 7, 2019)
|
|
|
|
|
|
Waiver
and Amendment to the July 29, 2019 Amended and Restated License and
Supply Agreement (Incorporated by reference to Exhibit 10.1 of the
Registrant’s Current Report on Form 8-K filed on December 2,
2019)
|
|
|
|
|
|
Certificate
of Chief Executive Officer pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002.
|
|
|
|
|
|
Certificate
of Chief Financial Officer pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002.
|
|
|
|
|
|
Certificate
of Chief Executive Officer and Chief Financial Officer pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002*.
|
|
|
|
|
101
|
|
XBRL
(eXtensible Business Reporting Language). The following materials
from Aytu BioScience, Inc.’s Quarterly Report on Form 10-Q
for the quarter ended December 31, 2019 formatted in XBRL: (i) the
Consolidated Balance Sheet, (ii) the Consolidated Statement of
Operations, (iii) the Consolidated Statement of Stockholders’
Equity (Deficit), (iv) the Consolidated Statement of Cash Flows,
and (v) the Consolidated Notes to the Financial
Statements.
|
*
|
The
certification attached as Exhibit 32.1 accompanying this
Quarterly Report on Form 10-Q pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, shall not be deemed “filed”
by the Registrant for purposes of Section 18 of the Securities
Exchange Act of 1934, as amended.
|
|
AYTU
BIOSCIENCE, INC.
|
|
|
|
|
|
By:
|
/s/ Joshua
R. Disbrow
|
|
|
Joshua R. Disbrow
|
|
|
Chief Executive Officer (principal executive officer)
|
|
|
Date: February 13, 2020
|
|
|
|
|
By:
|
/s/ David
A. Green
|
|
|
David A. Green
|
|
|
Chief Financial Officer (principal financial and accounting
officer)
|
|
|
Date: February 13, 2020
|
|
|
|
|
|
|
|
|
Date: February 14,
2020
|
By:
|
/s/ Joshua R.
Disbrow
|
|
|
|
Joshua
R. Disbrow
|
|
|
|
Chief
Executive Officer
|
|
|
|
|
|
|
|
|
|
Date:
February 14,
2020
|
By:
|
/s/ David A. Green
|
|
|
|
David
A. Green
|
|
|
|
Chief
Financial Officer
|
|
|
|
|
|
|
|
|
|
Date:
February 14,
2020
|
By:
|
/s/ Joshua R.
Disbrow
|
|
|
|
Joshua R. Disbrow
|
|
|
|
Chief
Executive Officer (principal executive officer)
|
|
|
|
|
|
|
|
|
|
Date:
February 14, 2020
|
By:
|
/s/ David A.
Green
|
|
|
|
David A. Green |
|
|
|
Chief Financial Officer (principal financial and
accounting officer)
|
|