Notification That Annual Report Will Be Submitted Late (nt 10-k)
September 28 2020 - 5:05PM
Edgar (US Regulatory)
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UNITED
STATES
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SECURITIES AND
EXCHANGE COMMISSION
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Washington,
D.C. 20549
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FORM
12b-25
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NOTIFICATION OF
LATE FILING
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(Check
One): ☒ Form 10-K ☐ Form 20-F ☐ Form 11-K ☐ Form 10-Q ☐ Form 10-D ☐ Form N-CEN
☐ Form N-CSR
For Period Ended: June 30,
2020
☐ Transition Report on Form
10-K
☐ Transition Report on Form
20-F
☐ Transition Report on Form
11-K
☐ Transition Report on Form
10-Q
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For the Transition Period Ended:
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If the notification relates to a portion
of the filing checked above, identify the Item(s) to which the notification relates:
PART I -- REGISTRANT INFORMATION
Full Name of Registrant
Former Name if Applicable
373
Inverness Parkway, Suite 206
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Address of Principal Executive Office
(Street and Number)
City, State and Zip Code
PART II — RULES 12b-25(b)
AND (c)
If
the subject report could not be filed without unreasonable effort or expense and the registrant seeks relief pursuant to Rule
12b-25(b), the following should be completed. (Check box if appropriate)
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(a) The
reason described in reasonable detail in Part III of this form
could not be eliminated without unreasonable effort or expense;
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☒
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(b) The subject annual report, semi-annual report, transition report
on Form 10-K, Form 20-F, Form 11-K, Form N-CEN or Form N-CSR, or portion thereof, will be filed on or before the fifteenth calendar
day following the prescribed due date; or the subject quarterly report or transition report on Form 10-Q or subject distribution
report on Form 10-D, or portion thereof, will be filed on or before the fifth calendar day following the prescribed due date; and
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(c) The
accountant’s statement or other exhibit required by Rule 12b-25(c) has been attached if applicable.
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PART III — NARRATIVE
State
below in reasonable detail why Forms 10-K, 20-F, 11-K, 10-Q, 10-D, N-CEN, N-CSR, or the transition report or portion thereof,
could not be filed within the prescribed time period.
Aytu BioScience, Inc. (the “Company”) is filing
this Form 12b-25 with the Securities and Exchange Commission (the “Commission”) to postpone the filing of its Annual
Report on Form 10-K for the annual period ended June 30, 2020 (the “Form 10-K”) beyond September 28, 2020, the prescribed
due date for such filing. The postponement allows for additional time to finalize financial statements due to the additional workload
created by the recently completed acquisition of Innovus Pharmaceuticals (the "Innovus Merger") and the Cerecor, Inc.
pediatric prescription portfolio (the "Pediatric Portfolio") and to accommodate scheduling needs related to COVID-19.
The Company expects to file the Form 10-K with the Commission no later than fifteen calendar days after the original prescribed
date, as permitted by Rule 12b-25.
PART IV — OTHER INFORMATION
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(1)
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Name and telephone number of person
to contact in regard to this notification
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David
A. Green
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(720)
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437-6580
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(Name)
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(Area Code)
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(Telephone Number)
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(2)
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Have all other periodic reports required under Section 13 or 15(d)
of the Securities Exchange Act of 1934 or Section 30 of the Investment Company Act of 1940 during the preceding 12 months or for
such shorter period that the registrant was required to file such report(s) been filed? If answer is no, identify report(s)
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☒ Yes ☐
No
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(3)
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Is it anticipated that any significant change in results of operations
from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the
subject report or portion thereof?
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☒ Yes ☐
No
If so, attach an explanation of the
anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the
results cannot be made.
Explanation of
Significant Changes in Results of Operations. The Company’s results of operations for the year-ended June 30,
2020 includes 8 months of financial results relating to its acquisition of the Pediatric Portfolio on November 1, 2020 and
approximately 4.5 months of financial results relating to the February 14, 2020 Innovus Merger.
Aytu
BioScience, Inc.
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(Name of Registrant
as Specified in Charter)
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has caused this notification to be signed
on its behalf by the undersigned hereunto duly authorized.
Date:
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September 28, 2020
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By
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/s/ David A. Green
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