SEC Comment Letter for AYTU BIOPHARMA, INC (AYTU) (CIK 0001385818) (AYTU) — Nov 18, 2019
AYTU BIOPHARMA, INC (AYTU) (CIK 0001385818)
Date: Nov. 18, 2019 · CIK: 0001385818 · Accession: 0000000000-19-015610
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 001-38247
Letter
November 18, 2019 Joshua R. Disbrow Chief Executive Officer Aytu BioScience, Inc. 373 Inverness Parkway, Suite 206 Englewood, CO 80112 Re:Aytu BioScience, Inc. Preliminary Proxy Statement on Schedule 14A Filed November 4, 2019 File No. 001-38247 Dear Mr. Disbrow: We have reviewed your filing and have the following comments. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. Please respond to these comments within ten business days by providing the requested information or advise us as soon as possible when you will respond. If you do not believe our comments apply to your facts and circumstances, please tell us why in your response. After reviewing your response to these comments, we may have additional comments. Preliminary Proxy Statement on Schedule 14A Nasdaq Rule 5635(d) Proposal, page 7 1.Please revise to disclose how you have used or how you intend to use the proceeds from the transaction discussed in this proposal, including the approximate amount devoted to each purpose if determinable. Refer to Item 11(c)(2) of Schedule 14A. Conversion Proposal, page 11 2.Please revise your disclosure to provide the information required by Items 11, 13 and 14 with respect to the Cerecor acquisition. Refer to Note A of Schedule 14A. 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.
FirstName LastNameJoshua R. Disbrow Comapany NameAytu BioScience, Inc. November 18, 2019 Page 2 FirstName LastName Joshua R. Disbrow Aytu BioScience, Inc. November 18, 2019 Page 2 Please contact Ada D. Sarmento at 202-551-3798 or Irene Paik at 202-551-6553 with any questions. Sincerely, Division of Corporation Finance Office of Life Sciences cc: Anthony Epps, Esq.
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November 18, 2019
Joshua R. Disbrow
Chief Executive Officer
Aytu BioScience, Inc.
373 Inverness Parkway, Suite 206
Englewood, CO 80112
Re:Aytu BioScience, Inc.
Preliminary Proxy Statement on Schedule 14A
Filed November 4, 2019
File No. 001-38247
Dear Mr. Disbrow:
We have reviewed your filing and have the following comments. In some of our
comments, we may ask you to provide us with information so we may better understand your
disclosure.
Please respond to these comments within ten business days by providing the requested
information or advise us as soon as possible when you will respond. If you do not believe our
comments apply to your facts and circumstances, please tell us why in your response.
After reviewing your response to these comments, we may have additional comments.
Preliminary Proxy Statement on Schedule 14A
Nasdaq Rule 5635(d) Proposal, page 7
1.Please revise to disclose how you have used or how you intend to use the proceeds from
the transaction discussed in this proposal, including the approximate amount devoted to
each purpose if determinable. Refer to Item 11(c)(2) of Schedule 14A.
Conversion Proposal, page 11
2.Please revise your disclosure to provide the information required by Items 11, 13 and 14
with respect to the Cerecor acquisition. Refer to Note A of Schedule 14A.
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.
FirstName LastNameJoshua R. Disbrow
Comapany NameAytu BioScience, Inc.
November 18, 2019 Page 2
FirstName LastName
Joshua R. Disbrow
Aytu BioScience, Inc.
November 18, 2019
Page 2
Please contact Ada D. Sarmento at 202-551-3798 or Irene Paik at 202-551-6553 with any
questions.
Sincerely,
Division of Corporation Finance
Office of Life Sciences
cc: Anthony Epps, Esq.