SEC Comment Letter for AYTU BIOPHARMA, INC (AYTU) (CIK 0001385818) (AYTU) — Sep 16, 2016
AYTU BIOPHARMA, INC (AYTU) (CIK 0001385818)
Date: Sept. 16, 2016 · CIK: 0001385818 · Accession: 0000000000-16-093170
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 333-213489
Letter
Mail Stop 4546 September 15, 2016 Joshua R. Disbrow Chief Executive Officer Aytu Bioscience, Inc. 373 Inverness Parkway, Suite 206 Englewood, CO 80112
Re: Aytu Bioscience, Inc. Registration Statement on Form S-1 Filed September 2, 2016 File No. 333-213489
Dear Mr. Disbrow :
This is to advise you that we have not reviewed and will not review your registration statement .
We urge all persons who are responsible for the accuracy and adequacy of the disclosure in the filing to be certain that the filing includes the information the Securities Act of 193 3 and all applicable Securities Act rules require. Since the company and its management are in possession of all facts relating to a company’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made.
In the event you request acceleration of the effective date of the pending regist ration statement , please provide a written statement from the company acknowledging that:
should the Commission or the staff, acting pursuant to delegated authority, declare the filing effective, it does not foreclose the Commission from taking any action with respect to the filing;
the action of the Commission o r the staff, acting pursuant to delegated authority, in declaring the filing effective, does not relieve the company from its full responsibility for the adequacy and accuracy of the disclosure in the filing; and
the company may not assert staff comments and the declaration of effectiveness as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States.
Please refer to Rules 460 and 461 regarding requests for acceleration . We will consider a written request for acceleration of the effective date of the registration statement as confirmation
Joshua R. Disbrow Aytu Bioscience, Inc. September 15, 2016 Page 2
of the fact that those requesting acceleration are aware of their respective responsibilities under the Securities Act of 1933 and the Securities Exchan ge Act of 1934 as they relate to the proposed public offering of the registered securities .
Please contact Jeffrey Gabor at (202) 551 -2544 with any questions.
Sincerely,
/s/ Mary Beth Breslin for
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Mail Stop 4546 September 15, 2016 Joshua R. Disbrow Chief Executive Officer Aytu Bioscience, Inc. 373 Inverness Parkway, Suite 206 Englewood, CO 80112 Re: Aytu Bioscience, Inc. Registration Statement on Form S-1 Filed September 2, 2016 File No. 333-213489 Dear Mr. Disbrow : This is to advise you that we have not reviewed and will not review your registration statement . We urge all persons who are responsible for the accuracy and adequacy of the disclosure in the filing to be certain that the filing includes the information the Securities Act of 193 3 and all applicable Securities Act rules require. Since the company and its management are in possession of all facts relating to a company’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. In the event you request acceleration of the effective date of the pending regist ration statement , please provide a written statement from the company acknowledging that: should the Commission or the staff, acting pursuant to delegated authority, declare the filing effective, it does not foreclose the Commission from taking any action with respect to the filing; the action of the Commission o r the staff, acting pursuant to delegated authority, in declaring the filing effective, does not relieve the company from its full responsibility for the adequacy and accuracy of the disclosure in the filing; and the company may not assert staff comments and the declaration of effectiveness as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States. Please refer to Rules 460 and 461 regarding requests for acceleration . We will consider a written request for acceleration of the effective date of the registration statement as confirmation Joshua R. Disbrow Aytu Bioscience, Inc. September 15, 2016 Page 2 of the fact that those requesting acceleration are aware of their respective responsibilities under the Securities Act of 1933 and the Securities Exchan ge Act of 1934 as they relate to the proposed public offering of the registered securities . Please contact Jeffrey Gabor at (202) 551 -2544 with any questions. Sincerely, /s/ Mary Beth Breslin for Suzanne Hayes Assistant Director Office of Healthcare and Insurance cc: Alexander M. Donaldson, Esq. Wyrick Robbins Yates & Ponton LLP