Filing Details

Accession Number:
0000919574-20-003060
Form Type:
4
Zero Holdings:
No
Publication Time:
2020-04-29 20:22:33
Reporting Period:
2020-04-27
Accepted Time:
2020-04-29 20:22:33
SEC Url:
Form 4 Filing
Issuer
Cik Name Symbol Sector (SIC) IRS No
1385818 Aytu Bioscience Inc AYTU Pharmaceutical Preparations (2834) 470883144
Insiders
Cik Name Reported Address Insider Title Director Officer Large Shareholder Other
1601086 Armistice Capital, Llc 510 Madison Avenue, 7Th Floor
New York NY 10022
Yes No No No
1633584 Ltd. Fund Master Capital Armistice C/O Dms Corporate Services Ltd.
20 Genesis Close, P.o. Box 314
Grand Cayman E9 KY1-1104
Yes No No No
1706140 Steven Boyd C/O Armistice Capital, Llc
510 Madison Avenue, 7Th Floor
New York NY 10022
Yes No No No
Reported Non-Derivative Transactions
Sec. Name Acquisiton - Disposition Date Amount Price Remaning Holdings Equity Swap Involved Form Type Code Nature of Ownership Explanation
Common Stock Acquisiton 2020-04-27 5,000,000 $1.25 5,108,921 No 4 M Direct
Common Stock Acquisiton 2020-04-27 0 $0.00 5,108,921 No 4 M Indirect See Footnote 1
Common Stock Disposition 2020-04-27 5,108,921 $1.82 0 No 4 S Direct
Common Stock Disposition 2020-04-27 0 $0.00 0 No 4 S Indirect See Footnote 1
Equity Swap Involved Form Type Code Nature of Ownership Explanation
No 4 M Direct
No 4 M Indirect See Footnote 1
No 4 S Direct
No 4 S Indirect See Footnote 1
Reported Derivative Transactions
Sec. Name Sec. Type Acquisiton - Disposition Date Amount Price Amount - 2 Price - 2
Common Stock Warrants Disposition 2020-04-27 5,000,000 $0.00 5,000,000 $1.25
Common Stock Warrants Disposition 2020-04-27 0 $0.00 0 $1.25
Remaning Holdings Exercise Date Expiration Date Equity Swap Involved Transaction Form Type Transaction Code Nature of Ownership
0 2025-01-10 No 4 M Direct
0 2025-01-10 No 4 M Indirect
Reported Derivative Holdings
Sec. Name Sec. Type Price Date Expiration Date Amount Remaning Holdings Nature of Ownership
Common Stock Warrants $15.75 2022-03-21 85,151 85,151 Direct
Common Stock Warrants $15.75 2022-03-21 0 85,151 Indirect
Common Stock Warrant $10.80 2023-03-06 222,222 222,222 Direct
Common Stock Warrant $10.80 2023-03-06 0 222,222 Indirect
Common Stock Warrant $10.80 2023-03-23 100,000 100,000 Direct
Common Stock Warrant $10.80 2023-03-23 0 100,000 Indirect
Expiration Date Amount Remaning Holdings Nature of Ownership
2022-03-21 85,151 85,151 Direct
2022-03-21 0 85,151 Indirect
2023-03-06 222,222 222,222 Direct
2023-03-06 0 222,222 Indirect
2023-03-23 100,000 100,000 Direct
2023-03-23 0 100,000 Indirect
Footnotes
  1. The reported shares of the issuer's common stock (the "Shares") are directly owned by Armistice Capital Master Fund Ltd., a Cayman Islands corporation (the "Master Fund"), and may be deemed to be indirectly beneficially owned by Armistice Capital, LLC ("Armistice Capital"), a Delaware limited liability company, as the investment manager of the Master Fund. The reported securities may also be deemed to be indirectly beneficially owned by Steven Boyd as Managing Member of Armistice Capital. Armistice Capital and Steven Boyd disclaim beneficial ownership of the reported securities except to the extent of their respective pecuniary interests therein, and this report shall not be deemed an admission that either of them is the beneficial owner of the securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or for any other purpose.
  2. This constitutes the weighted average sale price. The prices ranged from $1.70 to $2.09. The Reporting Person will provide upon request by the Securities and Exchange Commission staff, the issuer, or a security holder of the issuer, full information regarding the number of shares sold at each separate price.
  3. These warrants are currently exercisable, subject to a blocker provision that prevents the Master Fund from exercising the warrants if it would be more than a 40% beneficial owner of the Shares following such exercise.
  4. These warrants are currently exercisable, subject to a blocker provision that prevents the Master Fund from exercising the warrants if it would be more than a 4.99% beneficial owner of the Shares following such exercise.
  5. These are the same warrants reported as having been acquired by the Master Fund in the Form 4 filed by the Reporting Persons in respect of the issuer on February 10, 2020. The amount of Shares and other consideration that the Master Fund is entitled to receive upon its full exercise of the warrants was misstated in that filing and is corrected hereby. In particular, at the time of the merger between the Issuer and Innovus Pharmaceuticals, Inc. ("Innovus") that became effective on February 14, 2020 (the "Merger"), the Master Fund held certain warrants to acquire 76,191 shares of Innovus' common stock at an exercise price of $15.75 per share. Pursuant to the Merger, those warrants became exercisable for: (i) 85,151 Shares; and (ii) any remaining non-transferable contingent value rights held by the Master Fund, which represent the Master Fund's right to receive certain payments in the form of additional Shares and/or cash if specified revenue and profitability milestones are achieved.