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Commitments and Contingencies
12 Months Ended
Jun. 30, 2016
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies Disclosure [Text Block]
Note 7 – Commitments and Contingencies
 
Commitments and contingencies are described below and summarized by the following table as of June 30, 2016:
 
 
 
Total
 
2017
 
2018
 
2019
 
2020
 
2021
 
Thereafter
 
Prescription Database
 
$
1,902,000
 
$
731,000
 
$
598,000
 
$
573,000
 
$
-
 
$
-
 
$
-
 
Natesto
 
 
8,500,000
 
 
6,000,000
 
 
-
 
 
-
 
 
2,500,000
 
 
-
 
 
-
 
Manufacturing agreement
 
 
3,000,000
 
 
2,000,000
 
 
500,000
 
 
500,000
 
 
-
 
 
-
 
 
-
 
Service agreement
 
 
204,000
 
 
204,000
 
 
-
 
 
-
 
 
-
 
 
-
 
 
-
 
Primsol
 
 
750,000
 
 
750,000
 
 
-
 
 
-
 
 
-
 
 
-
 
 
-
 
Office Lease
 
 
317,000
 
 
142,000
 
 
145,000
 
 
30,000
 
 
-
 
 
-
 
 
-
 
Sponsored research agreement with related party
 
 
70,000
 
 
70,000
 
 
-
 
 
-
 
 
-
 
 
-
 
 
-
 
 
 
$
14,743,000
 
$
9,897,000
 
$
1,243,000
 
$
1,103,000
 
$
2,500,000
 
$
-
 
$
-
 
 
Prescription Database
 
In May 2016, Aytu entered into an agreement with a company that will provide Aytu with prescription database information, whereby Aytu agreed to pay approximately $1,902,000 over three years for access to the database of prescriptions written for Natesto.
 
Natesto
 
In April 2016, the Company entered into an agreement with Acerus whereby Aytu agreed to pay $8,000,000 for the exclusive U.S. rights to Natesto of which $6,000,000 is payable in fiscal year 2017. Additionally, Aytu is required to make the first milestone payment even if the milestone is not reached.
 
Manufacturing Agreement
 
On October 8, 2015, Aytu and Biovest International, Inc., or Biovest, entered into a Master Services Agreement, pursuant to which Biovest is to provide manufacturing services to us for ProstaScint. In conjunction with entering into the agreement, we submitted a work order to Biovest to provide us with active pharmaceutical ingredient for ProstaScint over a four-year period at a total cost of $5.0 million, of which we paid $1.0 million upon submission of the work order and $500,000 in each of January and April 2016. We will pay an additional $2,000,000 in fiscal 2017, and $500,000 in both fiscal 2018 and 2019.
 
Service Agreement
 
In July 2015, Aytu entered into agreements with Ampio whereby Aytu agreed to pay Ampio $30,000 per month for shared overhead which includes costs related to the shared facility, corporate staff, and other miscellaneous overhead expenses. These agreements will be in effect until they are terminated in writing by both parties. This agreement was amended in April 2016, which reduced the monthly amount to $18,000. This agreement was amended again in July 2016, which reduced the monthly amount to approximately $17,000 per month. For the years ended June 30, 2016 and 2015, the Company paid approximately $310,000 for this service agreement.
 
Primsol
 
In October 2015, Aytu entered into an asset purchase agreement with FSC Laboratories, Inc., or FSC. Pursuant to the agreement, we purchased assets related to FSC’s product known as Primsol (trimethoprim solution), including certain intellectual property and contracts, inventory, work in progress and all marketing and sales assets and materials related solely to Primsol (together, the ‘‘Primsol Business’’), and assumed certain of FSC’s liabilities, including those related to the sale and marketing of Primsol arising after the closing. We paid $500,000 at closing for the Primsol Business and we paid an additional $142,000, of which $102,000 went to inventory and $40,000 towards the Primsol Business, for the transfer of the Primsol-related product inventory. We also paid $500,000 on April 1, 2016 and $500,000 on July 1, 2016 and must pay $250,000 no later than September 30, 2016 (together, the ‘‘Installment Payments’’), for a total purchase price of $1,892,000. This amount is included in accounts payable and accrued liabilities on the balance sheet.
 
Office Lease
 
In June 2015, Aytu entered into a 37 month operating lease for a space in Raleigh, North Carolina. This lease has initial base rent of $3,000 a month, with total base rent over the term of the lease of approximately $112,000. In August 2015, the Company entered into a 37 month operating lease in Englewood, Colorado effective September 1, 2015. This lease has an initial base rent of $9,000 a month with a total base rent over the term of the lease of approximately $318,000 which includes rent abatements. The Company recognizes rental expense of the facilities on a straight-line basis over the term of the lease. Differences between the straight-line net expenses on rent payments are classified as liabilities between current deferred rent and long-term deferred rent. Rent expense for the respective periods is as follows:
 
 
 
Year Ended June 30,
 
 
 
2016
 
2015
 
 
 
 
 
 
 
 
 
Rent expense
 
$
120,000
 
$
51,000
 
 
Sponsored Research Agreement with Related Party
 
Aytu entered into a Sponsored Research Agreement with Trauma Research LLC (“TRLLC”), a related party, in June 2013. Under the terms of the Sponsored Research Agreement, TRLLC agreed to work collaboratively in advancing the RedoxSYS System diagnostic platform through research and development efforts. The Sponsored Research Agreement may be terminated without cause by either party on 30 days’ notice.