4,166,667 SHARES OF COMMON STOCK AYTU BIOSCIENCE, INC. AMENDED AND RESTATED UNDERWRITING AGREEMENTUnderwriting 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
