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
- 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.
- 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.
- 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.
- 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.
- 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.