Aytu BioPharma Inc. filed SEC Form 8-K: Regulation FD Disclosure, Financial Statements and Exhibits

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FORM 8-K

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

 

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Registrant’s telephone number, including area code: (720) 437-6580

 

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Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

 

 

 

 

Securities registered pursuant to Section 12(b) of the Act:

 

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

 

Emerging growth company ☐

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

 

 

 

On December 3, 2024, Aytu BioPharma, Inc., a Delaware corporation (the “Company” or “Aytu”), announced that the settlement it had previously disclosed of certain derivative claims in the action entitled Witmer v. Armistice Capital, LLC et al is scheduled for a court approval hearing on January 13, 2025 in the Delaware Chancery Court.  The Notice of Pendency of Derivative Action, Proposed Settlement of Derivative Action, Proposed Agreement of Settlement and Release, and Settlement Hearing (the “Notice”) is attached hereto as Exhibit 99.1 and is incorporated herein by reference. The Notice is also available for review on the Investor Relations section of the Company’s website at https://investors.aytubio.com/more-resources#MoreResources.

 

In accordance with General Instruction B.2 of Form 8-K, the information in this Current Report on Form 8-K, including Exhibit 99.1 hereto, which are furnished herewith pursuant to and relate to this Item 7.01, shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise be subject to the liabilities of Section 18 of the Exchange Act. The information in this Item 7.01 of this Current Report on Form 8-K and Exhibit 99.1 hereto shall not be incorporated by reference into any filing or other document filed by the Company with the SEC pursuant to the Securities Act of 1933, as amended, the rules and regulations of the SEC thereunder, the Exchange Act, or the rules and regulations of the SEC thereunder except as shall be expressly set forth by specific reference in such filing or document.

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Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.