UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
Amendment No. 1
 
FORM 8-K
 
CURRENT REPORT
 
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 
Date of Report (Date of earliest event reported): October 31, 2019
 
AYTU BIOSCIENCE, INC.
(Exact name of registrant as specified in its charter)
 
Delaware
001-38247
47-0883144
(State or other jurisdiction of incorporation)
(Commission File Number)
(IRS Employer Identification No.)
 
373 Inverness Parkway, Suite 206
Englewood, CO 80112
(Address of principal executive offices, including Zip Code)
 
Registrant’s telephone number, including area code: (720) 437-6580
 
N/A
(Former name or former address, if changed since last report)
 
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
 
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
Securities registered pursuant to Section 12(b) of the Act:
 
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
 
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
 rging growth company
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.
 


 
 
Explanatory Note
 
On November 4, 2019, Aytu BioScience, Inc. (the “Company”), filed a Current Report on Form 8-K (the “Original Form 8-K”) that included Exhibit 10.6. The purpose of this amendment on Form 8-K (this “Amendment”) is to refile Exhibit 10.6 to include certain exhibits to Exhibit 10.6 that were inadvertently omitted. Exhibit 10.6 to this document supersedes Exhibit 10.6 filed with the Original Form 8-K. The exhibit filed with this Amendment otherwise remains unchanged from Exhibit 10.6 filed with the Original Form 8-K and nothing else in the Original Form 8-K is being amended.
 
This Amendment should be read in conjunction with the Original Form 8-K and the Company’s other filings with the SEC. Except as stated herein, this Amendment does not reflect events occurring after the filing of the Original Form 8-K with the SEC on November 4, 2019, and no attempt has been made in this Amendment to modify or update other disclosures as presented in the Original Form 8-K.
 
 

5
 
  
Item 9.01 Financial Statements and Exhibits.
 
(d) The following exhibit is being filed herewith:
 
Exhibit
 
Description
 
Consent and Limited Waiver Agreement, dated November 1, 2019
  
 

6
 
 
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.
 
 
 
 
AYTU BIOSCIENCE, INC.
 
 
 
 
 
 
 
 
 
 
Date: November 4, 2019
 
By:
/s/ Joshua R. Disbrow
 
 
 
 
Joshua R. Disbrow
 
 
 
 
Chief Executive Officer
 
 
 
 
 
 
 
 
 
 
 
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