UNDERWRITING AGREEMENT Between AYTU BIOSCIENCE, INC. and JOSEPH GUNNAR & CO., LLC as Representative of the Several Underwriters AYTU BIOSCIENCE, INC.Underwriting Agreement • November 2nd, 2016 • 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:
EXHIBIT A Form of Underwriter’s Warrant AgreementS Warrant Agreement • November 2nd, 2016 • Aytu Bioscience, Inc • Pharmaceutical preparations • New York
THIS PURCHASE WARRANT IS NOT EXERCISABLE PRIOR TO [________________] [DATE THAT IS ONE YEAR FROM THE EFFECTIVE DATE OF THE OFFERING]. VOID AFTER 5:00 P.M., EASTERN TIME, [_________________] [DATE THAT IS FIVE YEARS FROM THE EFFECTIVE DATE OF THE OFFERING].
WARRANT AGENT AGREEMENTWarrant 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”).
