Aytu definition

Aytu has the meaning set forth in the Preamble.

Aytu means Aytu BioPharma, Inc., a Delaware corporation (f/k/a Aytu Bioscience, Inc.).

Aytu means Aytu Bioscience, Inc., a Delaware corporation. (b) Section 11.1(l) of the Loan Agreement is hereby amended and restated in its entirety as follows: (l) Change of Control. If (i) Aytu fails to own and maintain beneficial ownership, directly or indirectly, of at least fifty percent (50%) of the outstanding voting equity interests of Company on a fully diluted basis; (ii) during any period of twelve (12) consecutive months, a majority of the members of the board of directors of Company cease to be composed of individuals (1) who were members of that board or equivalent governing body on the first day of such period, (2) whose election or nomination to that board was approved by individuals referred to in clause (1) above constituting at the time of such election or nomination at least a majority of that board, or (3) whose election or nomination to that board was approved by individuals referred to in clauses (1) and (2) above constituting at the time of such election or nomination at least a majority of that board; (iii) Company ceases to, directly or indirectly, own and control 100% of each class of the outstanding equity interests of each other Loan Party; or (iv) a “change of control” or similar event occurs under the Term Loan Debt Documents; 4. Representations and Warranties. To induce Agent and Lenders to enter into this Amendment, Borrowers and the other Loan Party Obligors party hereto represent and warrant to Agent and Lenders that:

Examples of Aytu in a sentence

• By: Name: Title: [Form to be used to exercise Purchase Warrant] Date: __________, 20___ The undersigned hereby elects irrevocably to exercise the Purchase Warrant for ______ shares of common stock, par value $0.0001 per share (the “Shares”), of Aytu BioScience, Inc., a Delaware corporation (the “Company”), and hereby makes payment of $____ (at the rate of $____ per Share) in payment of the Exercise Price pursuant thereto.

• In connection with the annual report on Form 10-K of Aytu BioScience, Inc.

• Aytu will retain its primary care sales force (Aytu Sales Channel) and will continue to book all product net revenue while serving as the exclusive U.S. supplier of Natesto® to wholesalers, pharmacies and other customers that receive a direct shipment.

• Financial payments will be based upon a tiered level of net revenue, post cost of goods sold (COGS), based on annual sales performance in the respective Acerus and Aytu Sales Channels.

• Notwithstanding anything to the contrary contained herein, in the event of a breach of any of the foregoing covenants, in addition to any other remedies available at law or in equity, the Lenders and their Affiliates shall have the right to make a public disclosure, in the form of a press release, public advertisement or otherwise, of the applicable material non-public information without the prior approval by the Borrower, Aytu or any other Person.

• Under the terms of the new agreement, Aytu returns the NDA for Natesto® in the U.S. back to Acerus.

• The Company used $3,000 of the cash proceeds received from the Aytu transactions to retire a portion of the outstanding principal amount owed to MidCap in connection with the senior financing.

• In December 2019, the amended and restated licensing agreement with Aytu BioScience Inc.

• To the actual knowledge of Buyer’s officers, after due inquiry, all such Aytu Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Aytu Intellectual Property Rights.

• As of the date of this Agreement, 1,607 shares of AYTU Common Stock were reserved for issuance pursuant to outstanding Aytu Stock Options and 2,347,754 shares of Aytu Restricted Shares were issued and outstanding.