Aytu Bioscience, Inc Sample Contracts

COMMON STOCK PURCHASE WARRANT
Common Stock Purchase Warrant • March 4th, 2022 • Aytu Biopharma, Inc • Pharmaceutical preparations • New York

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, ____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after September 7, 2022 (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on September 7, 2027 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Aytu BioPharma, Inc., a Delaware corporation (the “Company”), up to __________ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

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SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • June 5th, 2023 • Aytu Biopharma, Inc • Pharmaceutical preparations • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of ____, 2023, between Aytu Biopharma, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).

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REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • October 15th, 2019 • Aytu Bioscience, Inc • Pharmaceutical preparations

This Registration Rights Agreement (this “Agreement”) is made and entered into as of October 11, 2019, between Aytu BioScience, Inc., a Delaware corporation (the “Company”), and each of the several purchasers signatory hereto (each such purchaser, a “Purchaser” and, collectively, the “Purchasers”).

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UNDERWRITING AGREEMENT Between AYTU BIOSCIENCE, INC. and JOSEPH GUNNAR & CO., LLC as Representative of the Several Underwriters AYTU BIOSCIENCE, INC. UNDERWRITING AGREEMENT
Underwriting Agreement • February 28th, 2018 • Aytu Bioscience, Inc • Pharmaceutical preparations • New York

The undersigned, Aytu BioScience, Inc., a corporation formed under the laws of the State of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of Aytu BioScience, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with Joseph Gunnar & Co., LLC. (hereinafter referred to as “you” (including its correlatives) or the “Representative”) and with the other underwriters named on Schedule 1 hereto for which the Representative is acting as representative (the Representative and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:

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COMMON STOCK PURCHASE WARRANT AYTU BIOSCIENCE, INC.
Security Agreement • February 7th, 2019 • Aytu Bioscience, Inc • Pharmaceutical preparations • New York

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Armistice Capital Master Fund Ltd or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after [●], 2019 (the “Initial Exercise Date”) and on or prior to the close of business on the five (5) year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Aytu BioScience, Inc., a Delaware corporation (the “Company”), up to [●]1 shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

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AYTU BIOPHARMA, INC. (a Delaware corporation) 21,505,814 Shares of Common Stock Pre-Funded Warrants to Purchase 1,750,000 Shares of Common Stock Warrants to Purchase 23,255,814 Shares of Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • August 10th, 2022 • Aytu Biopharma, Inc • Pharmaceutical preparations • New York
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SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • October 15th, 2019 • Aytu Bioscience, Inc • Pharmaceutical preparations • New York

This Securities Purchase Agreement (this “Agreement”) is dated as of October 11, 2019, between Aytu BioScience, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).

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AYTU BIOPHARMA, INC. Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of _______, 20__ Debt Securities
Indenture • September 28th, 2021 • Aytu Biopharma, Inc • Pharmaceutical preparations • New York

WHEREAS, for its lawful corporate purposes, the Company has duly authorized the execution and delivery of this Indenture to provide for the issuance of debt securities (hereinafter referred to as the “Securities”), in an unlimited aggregate principal amount to be issued from time to time in one or more series as in this Indenture provided, as registered Securities without coupons, to be authenticated by the certificate of the Trustee;

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Aytu BioPharma, Inc. Shares of Common Stock (par value $0.0001 per share) Controlled Equity OfferingSM Sales Agreement
Sales Agreement • June 7th, 2021 • Aytu Biopharma, Inc • Pharmaceutical preparations • New York

Aytu BioPharma, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:

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PRE-FUNDED COMMON STOCK PURCHASE WARRANT AYTU BIOPHARMA, INC.
Pre-Funded Common Stock Purchase Warrant • August 10th, 2022 • Aytu Biopharma, Inc • Pharmaceutical preparations

THIS PRE-FUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Aytu BioPharma, Inc., a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

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REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • July 28th, 2016 • Aytu Bioscience, Inc • Pharmaceutical preparations • Illinois

REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of July 27, 2016, by and between AYTU BIOSCIENCE, INC., a Delaware corporation (the "Company"), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with it permitted assigns, the “Buyer”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the "Purchase Agreement").

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COMMON STOCK PURCHASE WARRANT Aytu BioScience, Inc.
Common Stock Purchase Warrant • March 20th, 2020 • Aytu Bioscience, Inc • Pharmaceutical preparations

THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on March 23, 2021 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Aytu BioScience, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

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OPEN MARKET SALE AGREEMENTSM
Open Market Sale Agreement • June 8th, 2020 • Aytu Bioscience, Inc • Pharmaceutical preparations • New York

Aytu BioScience, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time through Jefferies LLC, as sales agent and/or principal (the “Agent”), shares of the Company’s common stock, par value $0.0001 per share (the “Common Shares”), on the terms set forth in this agreement (this “Agreement”).

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PLACEMENT AGENCY AGREEMENT
Placement Agency Agreement • June 5th, 2023 • Aytu Biopharma, Inc • Pharmaceutical preparations • New York
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PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT Aytu BioScience, Inc.
Placement Agent Common Stock Purchase Warrant • July 2nd, 2020 • Aytu Bioscience, Inc • Pharmaceutical preparations

THIS PLACEMENT AGENT COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on July 1, 2021 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Aytu BioScience, Inc., a Delaware corporation (the “Company”), up to [_________] shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is being issued pursuant to that letter agreement, dated as of May 2, 2020 by and between the Company and H.C. Wainwright & Co., LLC.

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PURCHASE AGREEMENT
Purchase Agreement • July 28th, 2016 • Aytu Bioscience, Inc • Pharmaceutical preparations • Illinois

PURCHASE AGREEMENT (the “Agreement”), dated as of July 27, 2016, by and between AYTU BIOSCIENCE, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).

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SHARES of Common Stock, _______ SHARES OF SERIES C CONVERTIBLE PREFERRED STOCK (CONVERTIBLE INTO ______ SHARES OF COMMON STOCK), AND _________ Warrants (exercisable for ________shares of common stock) of AYTU BIOSCIENCE, INC.
Underwriting Agreement • September 25th, 2018 • Aytu Bioscience, Inc • Pharmaceutical preparations • New York

The undersigned, Aytu Bioscience, Inc., a company incorporated under the laws of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement as being subsidiaries or affiliates of Aytu Bioscience, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with the several underwriters (such underwriters, including the Representative (as defined below), the “Underwriters” and each an “Underwriter”) named in Schedule I hereto for which Ladenburg Thalmann & Co. Inc. is acting as representative to the several Underwriters (the “Representative” and if there are no Underwriters other than the Representative, references to multiple Underwriters shall be disregarded and the term Representative as used herein shall have the same meaning as Underwriter) on the terms and conditions set forth herein.

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COMMON STOCK PURCHASE WARRANT Aytu BioScience, INC.
Common Stock Purchase Warrant • August 16th, 2017 • Aytu Bioscience, Inc • Pharmaceutical preparations

THIS COMMON STOCK PURCHASE WARRANT (this “Warrant”) certifies that, for value received, ___________________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the earlier of (i) the date that the Company effects the Reverse Split (as defined in the Purchase Agreement) and (ii) the forty-fifth (45th) calendar date following the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on the five year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from AYTU BIOSCIENCE, INC., a Delaware corporation (the “Company”), up to [______] shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

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WARRANT AGENT AGREEMENT
Warrant Agent Agreement • October 3rd, 2018 • Aytu Bioscience, Inc • Pharmaceutical preparations • New York

This WARRANT AGENT AGREEMENT (this “Warrant Agreement”) dated as of ______________ (the “Issuance Date”) is between Aytu BioScience, Inc., a company incorporated under the laws of the State of Delaware (the “Company”), and VStock Transfer, LLC (the “Warrant Agent”).

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PREFUNDED COMMON STOCK PURCHASE WARRANT
Prefunded Common Stock Purchase Warrant • March 4th, 2022 • Aytu Biopharma, Inc • Pharmaceutical preparations • New York

THIS PREFUNDED COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, ____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the Original Issue Date (the “Initial Exercise Date”) until this Warrant is exercised in full (the “Termination Date”) but not thereafter, to subscribe for and purchase from Aytu BioPharma, Inc., a Delaware corporation (the “Company”), up to __________ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).

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UNDERWRITER COMMON STOCK PURCHASE WARRANT Aytu BioScience, Inc.
Underwriter Common Stock Purchase Warrant • December 14th, 2020 • Aytu Bioscience, Inc • Pharmaceutical preparations

THIS UNDERWRITER COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date set forth above (the “Initial Exercise Date”) and on or prior to 5:00 p.m. (New York City time) on December 15, 2025 (the “Termination Date”) but not thereafter, to subscribe for and purchase from Aytu BioScience, Inc., a Delaware corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of the Company’s Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b). This Warrant is being issued pursuant to that certain Underwriting Agreement, dated as of December 10, 2020 by and between the Company and H.C. Wainwright & Co., LLC (as amended and restated the “Underwriting

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Contract
Purchase Warrant Agreement • May 6th, 2016 • Aytu Bioscience, Inc • Pharmaceutical preparations • New York

THE REGISTERED HOLDER OF THIS PURCHASE WARRANT BY ITS ACCEPTANCE HEREOF, AGREES THAT IT WILL NOT SELL, TRANSFER OR ASSIGN THIS PURCHASE WARRANT EXCEPT AS HEREIN PROVIDED AND THE REGISTERED HOLDER OF THIS PURCHASE WARRANT AGREES THAT IT WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE OR HYPOTHECATE THIS PURCHASE WARRANT FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS FOLLOWING THE EFFECTIVE DATE (DEFINED BELOW) TO ANYONE OTHER THAN (I) AN UNDERWRITER OR A SELECTED DEALER IN CONNECTION WITH THE OFFERING, OR (II) A BONA FIDE OFFICER OR PARTNER OF ANY SUCH UNDERWRITER OR SELECTED DEALER.

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WARRANT AGENT AGREEMENT
Warrant Agent Agreement • November 2nd, 2016 • Aytu Bioscience, Inc • Pharmaceutical preparations • New York

WARRANT AGENT AGREEMENT (this “Warrant Agreement”) dated as of November 2, 2016 (the “Issuance Date”) between Aytu Bioscience, Inc., a company incorporated under the laws of the State of Delaware (the “Company”), and VStock Transfer, LLC (the “Warrant Agent”).

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Form of Amended and Restated Underwriters’ Warrant Agreement
Underwriters’ Warrant Agreement • March 1st, 2017 • Aytu Bioscience, Inc • Pharmaceutical preparations • New York

THE REGISTERED HOLDER OF THIS PURCHASE WARRANT BY ITS ACCEPTANCE HEREOF, AGREES THAT IT WILL NOT SELL, TRANSFER OR ASSIGN THIS PURCHASE WARRANT EXCEPT AS HEREIN PROVIDED AND THE REGISTERED HOLDER OF THIS PURCHASE WARRANT AGREES THAT IT WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE OR HYPOTHECATE THIS PURCHASE WARRANT DURING THE TERM OF THIS WARRANT TO ANYONE OTHER THAN (I) AN UNDERWRITER OR A SELECTED DEALER IN CONNECTION WITH THE OFFERING, OR (II) A BONA FIDE OFFICER OR PARTNER OF ANY SUCH UNDERWRITER OR SELECTED DEALER.

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CONSENT, JOINDER AND AMENDMENT NO. 5 TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • June 18th, 2024 • Aytu Biopharma, Inc • Pharmaceutical preparations • New York

This Loan and Security Agreement (as it may be amended, restated or otherwise modified from time to time, this "Agreement") is entered into on October 2, 2019, by and among NEOS THERAPEUTICS, INC., a Delaware corporation ("Company"), NEOS THERAPEUTICS BRANDS, LLC, a Delaware limited liability company ("NT Brands"), NEOS THERAPEUTICS, LP, a Texas limited partnership ("NT LP"), AYTU BIOPHARMA, INC., a Delaware corporation (“Parent”), AYTU THERAPEUTICS, LLC, a Delaware limited liability company (“Therapeutics”), PHARMAFAB TEXAS, LLC, a Texas limited liability company (“NT PharmaFab”), CHERRY CREEK THERAPEUTICS, INC., a Delaware corporation ("Cherry Creek"; together with Company, NT Brands, NT LP, Parent, Therapeutics, NT PharmaFab and each other Person who joins this Agreement as a borrower from time to time, each a "Borrower" and collectively the "Borrowers"), NEOS THERAPEUTICS COMMERCIAL, LLC, a Delaware limited liability company ("NT Commercial"), and PHARMAFAB TEXAS, LLC, a Texas limi

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INDEMNIFICATION AGREEMENT
Indemnification Agreement • July 1st, 2022 • Aytu Biopharma, Inc • Pharmaceutical preparations • Delaware

This Indemnification Agreement (“Agreement”) is made as of ________________ by and between Aytu BioPharma, Inc., a Delaware corporation (the “Company”), and ____________ (“Indemnitee”).

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AMENDED AND RE-STATED EMPLOYMENT AGREEMENT
Employment Agreement • September 26th, 2024 • Aytu Biopharma, Inc • Pharmaceutical preparations • Colorado

This Amended and Re-Stated Employment Agreement (the “Agreement”), is effective as of March 20, 2023 (the “Effective Date”), between Aytu BioScience, Inc. (the “Company”), a Delaware corporation headquartered at 373 Inverness Parkway, Suite 206, Englewood, Colorado, 80112, and Jarrett T. Disbrow (the “Employee”).

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REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • November 4th, 2019 • Aytu Bioscience, Inc • Pharmaceutical preparations

This Agreement is made pursuant to the Asset Purchase Agreement, dated as of the date hereof, between the Company and Cerecor (the “Purchase Agreement”).

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AYTU BIOPHARMA, INC. (a Delaware corporation) 3,030,000 Shares of Common Stock Pre-Funded Warrants to Purchase 3,030,000 Shares of Common Stock Warrants to Purchase 6,666,000 Shares of Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • March 4th, 2022 • Aytu Biopharma, Inc • Pharmaceutical preparations • New York
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WARRANT AGENT AGREEMENT
Warrant Agent Agreement • October 25th, 2016 • Aytu Bioscience, Inc • Pharmaceutical preparations • New York

WARRANT AGENT AGREEMENT (this “Warrant Agreement”) dated as of _________, 2016 (the “Issuance Date”) between Aytu Bioscience, Inc., a company incorporated under the laws of the State of Delaware (the “Company”), and VStock Transfer, LLC (the “Warrant Agent”).

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AMENDED AND RE-STATED EMPLOYMENT AGREEMENT
Employment Agreement • November 13th, 2024 • Aytu Biopharma, Inc • Pharmaceutical preparations • Colorado

This Amended and Re-stated Employment Agreement (the "Agreement"), is effective as of November 11, 2024 (the “Effective Date”), between Aytu BioPharma, Inc., a Delaware corporation headquartered at 7900 East Union Avenue, Suite 920, Denver, CO 80237 USA, (hereinafter referred to as the "Company"), and Ryan J. Selhorn (“Executive").

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AMENDED AND RE-STATED EMPLOYMENT AGREEMENT
Employment Agreement • October 12th, 2023 • Aytu Biopharma, Inc • Pharmaceutical preparations • Colorado

This Amended and Re-stated Employment Agreement (the "Agreement"), is effective as of February 13, 2023 (the “Effective Date”), between Aytu BioPharma, Inc., a Delaware corporation headquartered at 373 Inverness Parkway, Suite 206, Englewood, CO 80112 USA, hereinafter referred to as the "Company"), and Mark Oki (“Executive").

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FORM OF INDEMNIFICATION AGREEMENT
Indemnification Agreement • April 22nd, 2015 • Rosewind CORP • Services-educational services • Delaware

This Indemnification Agreement (“Agreement”) is effective as of [•], 2015, by and between Rosewind Corporation, a Colorado corporation (the “Company”), and (“Indemnitee”).

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PLACEMENT AGENCY AGREEMENT
Placement Agency Agreement • October 15th, 2019 • Aytu Bioscience, Inc • Pharmaceutical preparations • New York
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4,166,667 SHARES OF COMMON STOCK AYTU BIOSCIENCE, INC. AMENDED AND RESTATED UNDERWRITING AGREEMENT
Underwriting Agreement • December 14th, 2020 • Aytu Bioscience, Inc • Pharmaceutical preparations • New York

Aytu BioScience, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule V hereto (the “Underwriters”), for whom H.C. Wainwright & Co., LLC is acting as representative (the “Representative”), an aggregate of 4,166,667 authorized but unissued shares (the “Firm Shares”) of the Company’s common stock, $0.0001 par value per share (the “Common Stock”) and, at the election of the Underwriters, upon the terms and conditions stated herein, up to 625,000 additional shares (the “Additional Shares” and, together with the Firm Shares, the “Shares”) of Common Stock solely to cover over-allotments, if any (the Shares, the Underwriter Warrants (as defined below) and the Underwriter Warrant Shares (as defined below) being collectively referred to herein as the “Securities”). This Amended and Restated Underwriting Agreement amends, restates and supersedes in its entirety the underwriting agreement

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