Aytu BioScience : Current report (Amendment)

SECURITIES & EXCHANGE COMMISSION EDGAR FILING

AYTU BIOSCIENCE, INC

Form: 8-K/A

Date Filed: 2020-02-26

Corporate Issuer CIK: 1385818

© Copyright 2020, Issuer Direct Corporation. All Right Reserved. Distribution of this document is strictly prohibited, subject to the terms of use.

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

			FORM 8-K/A
			CURRENT REPORT
	Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
	Date of Report (Date of earliest event reported): February 14, 2020
			AYTU BIOSCIENCE, INC.
		(Exact name of registrant as specified in its charter)
Delaware			001-38247			47-0883144
(State or other jurisdiction			(Commission File Number)	(IRS Employer
of incorporation)						Identification No.)
			373 Inverness Parkway, Suite 206
			Englewood, CO 80112
	(Address of principal executive offices, including Zip Code)
	Registrant's telephone number, including area code: [phone]
			N/A
	(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

• Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
• Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
• Pre-commencementcommunications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
• Pre-commencementcommunications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) Securities registered pursuant to Section 12(b) of the Act:

Title of each class		Trading Symbol(s)		Name of each exchange on which registered
Common Stock, par value $0.0001 per share		AYTU		The NASDAQ Stock Market LLC

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

EXPLANATORY NOTE

The signed consent of Hall & Company, Innovus Pharmaceuticals, Inc.'s independent registered public accounting firm, was delivered prior to the filing of the Form 8-K, originally filed on February 14, 2020 (the "Original Filing"); however, the consent inadvertently omitted the consent to the incorporation by reference of Hall & Company's audit report relating to the consolidated financial statements of Innovus Pharmaceuticals, Inc., appearing in the Annual Report on Form 10-K of Innovus Pharmaceuticals, Inc. for the years ended December 31, 2018 and 2017 into Aytu's registration statements. This amendment is being filed to update the consent.

This Form 8-K/A does not modify, amend or update in any way any of the financial or other information contained in the Original Filing. This Form 8-K/A does not reflect events that may have occurred subsequent to the filing date of the Original Filing.

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Item 9.01 Financial Statements and Exhibits.

(a) Financial statements of businesses acquired

The (i) audited consolidated financial statements for Innovus Pharmaceuticals, Inc. as of and for the year-ended and December 31, 2018 and December 31, 2017 and (ii) unaudited consolidated financial statements as of and for the nine months ended September 30, 2019 are incorporated by reference.

(d) The following exhibit is being filed herewith:

Exhibit Description

23.1Consent of Hall & Company relating to Innovus' financial statements.

99.1*

Current report on Form 8-K as filed on February 14, 2020

* Incorporated by reference

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	AYTU BIOSCIENCE, INC.
Date: February 26, 2020	By: /s/ Joshua R. Disbrow
		Joshua R. Disbrow
		Chief Executive Officer

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Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in the Registration Statements (Form S-1 Nos 333-207421,333-205414,333-209874,333-212100, 333- 213489, 333-220351, Form S-3 Nos 333-221735,333-235548, and Form S-8 No. 333-205462) of Aytu BioScience, Inc. of our report dated April 1, 2019, relating to the consolidated financial statements of Innovus Pharmaceuticals, Inc., as of December 31, 2018 and 2017, which is incorporated by reference in the Current Report on Form 8-K filed February 14, 2020.

/s/ Hall & Company Certified Public Accountants & Consultants, Inc.

Irvine, CA

February 26, 2020