Amended Current Report Filing (8-k/a)
February 26 2020 - 5:17PM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K/A
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date
of Report (Date of earliest event reported): February 14, 2020
AYTU
BIOSCIENCE, INC.
(Exact name of registrant as specified in its charter)
Delaware
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001-38247
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47-0883144
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(State or other jurisdiction
of incorporation)
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(Commission File
Number)
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(IRS Employer
Identification No.)
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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:
☐
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Written communications
pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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☐
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Soliciting material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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☐
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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☐
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Securities
registered pursuant to Section 12(b) of the Act:
Title
of each class
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Trading
Symbol(s)
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Name
of each exchange on which registered
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Common
Stock, par value $0.0001 per share
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AYTU
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The
NASDAQ Stock Market LLC
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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).
Emerging
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
The signed consent of Hall & Company, Innovus Pharmaceuticals,
Inc.’s independent registered public accounting firm, was delivered prior to the filing of the Form 8-K, originally filed
on February 14, 2020 (the “Original Filing”); however, the consent inadvertently omitted the consent to the incorporation
by reference of Hall & Company’s audit report relating to the consolidated financial statements of Innovus Pharmaceuticals,
Inc., appearing in the Annual Report on Form 10-K of Innovus Pharmaceuticals, Inc. for the years ended December 31, 2018 and 2017
into Aytu’s registration statements. This amendment is being filed to update the consent.
This Form 8-K/A
does not modify, amend or update in any way any of the financial or other information contained in the Original Filing. This Form
8-K/A does not reflect events that may have occurred subsequent to the filing date of the Original Filing.
Item 9.01 Financial Statements and Exhibits.
(a) Financial statements of businesses
acquired
The (i) audited consolidated financial statements
for Innovus Pharmaceuticals, Inc. as of and for the year-ended and December 31, 2018 and December 31, 2017 and (ii) unaudited consolidated
financial statements as of and for the nine months ended September 30, 2019 are incorporated by reference.
(d)
The following exhibit is being filed herewith:
* Incorporated
by reference
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.
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AYTU
BIOSCIENCE, INC.
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Date: February
26, 2020
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By:
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/s/
Joshua R. Disbrow
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Joshua R. Disbrow
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Chief Executive Officer
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