SEC Comment Letter for AYTU BIOPHARMA, INC (AYTU) (CIK 0001385818) (AYTU) — Oct 7, 2016
AYTU BIOPHARMA, INC (AYTU) (CIK 0001385818)
Date: Oct. 7, 2016 · CIK: 0001385818 · Accession: 0000000000-16-096336
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 333-213738
Letter
Mail Stop 4546 October 7, 2016 Joshua R. Disbrow Chief Executive Officer Aytu BioScience, Inc. 373 Inverness Parkway Suite 206 Englewood, Colorado 80112
Re: Aytu BioScience , Inc. Registration Statement on Form S-1 Filed September 2 1, 2016 File No. 333-213738
Dear Mr. Disbrow :
We have limited our review of your registration statement to those issues w e have addressed in our comment .
Please respond to this letter by amending your registration statement and providing the requested information . If you do not believe our comment applies to your facts and circumstances or do not believe an amendment is appropriate, please tell us why in your response.
After reviewing any amendment to your registration statement and the information you provide in response to this comment , we may have additional comments.
Exhibit 5.1
1. We note that the opinion is qualifi ed to the Delaware General Corporation Law . Given that the warrants you intend to offer are governed by th e laws of the State of New York pursuant to Section 9.5 of the warrant agreement filed as Exhibit 4.6 , please provide an opinion of counsel that the warrants constitute binding obligations under New York law . For guidance, please r efer to Section II.B.1.f of Staff Legal Bulletin No. 19, available on the Commission ’s website.
We remind you that the company and its management are responsible for the accuracy and adequacy of their disclosures, notwithstanding any review, comments, action or absence of action by the staff.
Joshua R. Disbrow Aytu BioScience , Inc. October 7, 2016 Page 2
Refer to Rules 460 and 461 regarding requests for acceleration . Please allow adequate time for us to review any amendment prior to the requested effective date of the registration statement.
Please contact Scot Foley at (202) 551 -3383 or Mary Beth Breslin at (202) 551-3625 with any questions.
Sincerely,
/s/ Mary Beth Breslin for
Show Raw Text
Mail Stop 4546
October 7, 2016
Joshua R. Disbrow
Chief Executive Officer
Aytu BioScience, Inc.
373 Inverness Parkway
Suite 206
Englewood, Colorado 80112
Re: Aytu BioScience , Inc.
Registration Statement on Form S-1
Filed September 2 1, 2016
File No. 333-213738
Dear Mr. Disbrow :
We have limited our review of your registration statement to those issues w e have
addressed in our comment .
Please respond to this letter by amending your registration statement and providing the
requested information . If you do not believe our comment applies to your facts and
circumstances or do not believe an amendment is appropriate, please tell us why in your
response.
After reviewing any amendment to your registration statement and the information you
provide in response to this comment , we may have additional comments.
Exhibit 5.1
1. We note that the opinion is qualifi ed to the Delaware General Corporation Law . Given
that the warrants you intend to offer are governed by th e laws of the State of New York
pursuant to Section 9.5 of the warrant agreement filed as Exhibit 4.6 , please provide an
opinion of counsel that the warrants constitute binding obligations under New York law .
For guidance, please r efer to Section II.B.1.f of Staff Legal Bulletin No. 19, available on
the Commission ’s website.
We remind you that the company and its management are responsible for the accuracy
and adequacy of their disclosures, notwithstanding any review, comments, action or absence of
action by the staff.
Joshua R. Disbrow
Aytu BioScience , Inc.
October 7, 2016
Page 2
Refer to Rules 460 and 461 regarding requests for acceleration . Please allow adequate
time for us to review any amendment prior to the requested effective date of the registration
statement.
Please contact Scot Foley at (202) 551 -3383 or Mary Beth Breslin at (202) 551-3625 with
any questions.
Sincerely,
/s/ Mary Beth Breslin for
Suzanne Hayes
Assistant Director
Office of Healthcare and Insurance
cc: Alexander M. Donaldson , Esq.