XML 24 R14.htm IDEA: XBRL DOCUMENT v3.6.0.2
Commitments and Contingencies
6 Months Ended
Dec. 31, 2016
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies Disclosure [Text Block]
Note 6 – Commitments and Contingencies
 
Commitments and contingencies are described below and summarized by the following table for the designated fiscal years ending June 30, as of December 31, 2016:
 
 
 
 
 
 
Remaining
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Total
 
2017
 
2018
 
2019
 
2020
 
2021
 
Thereafter
 
Prescription database
 
$
1,736,000
 
$
565,000
 
$
598,000
 
$
573,000
 
$
-
 
$
-
 
$
-
 
Natesto
 
 
6,500,000
 
 
4,000,000
 
 
-
 
 
-
 
 
2,500,000
 
 
-
 
 
-
 
Manufacturing/commercial supply agreements
 
 
-
 
 
-
 
 
-
 
 
-
 
 
-
 
 
-
 
 
-
 
Service agreement
 
 
72,000
 
 
72,000
 
 
-
 
 
-
 
 
-
 
 
-
 
 
-
 
Office lease
 
 
247,000
 
 
72,000
 
 
145,000
 
 
30,000
 
 
-
 
 
-
 
 
-
 
Sponsored research agreement with related party
 
 
41,000
 
 
41,000
 
 
-
 
 
-
 
 
-
 
 
-
 
 
-
 
 
 
$
8,596,000
 
$
4,750,000
 
$
743,000
 
$
603,000
 
$
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 $1.9 million over three years for access to the database of prescriptions written for Natesto. The payments have been broken down into quarterly payments, the first of which was made in November 2016 and the second payment was made in January 2017.
 
Natesto
 
In April 2016, the Company entered into an agreement with Acerus whereby Aytu agreed to pay $8.0 million for the exclusive U.S. rights to Natesto (see Note 1). The first payment totaling $2.0 million was paid in April, the second installment payment was paid in October 2016. The final payment totaling $4.0 million was paid in January of 2017. Additionally, Aytu is required to make the first milestone payment of $2.5 million even if the milestone is not reached.
 
Manufacturing/Commercial Supply Agreements
 
In October 2015, Aytu entered into a Master Services Agreement with Biovest International, Inc. (“Biovest”). The agreement provides that Aytu may engage Biovest from time to time to provide services in accordance with mutually agreed upon project addendums and purchase orders. Aytu expects to use the agreement from time to time for manufacturing services, including without limitation, the manufacturing, processing, quality control testing, release or storage of its products for the ProstaScint product. In September 2016, Aytu entered into a Commercial Supply Agreement with Grand River Aseptic Manufacturing, Inc. (“GRAM”). The agreement provides that Aytu may engage GRAM from time to time to provide services in accordance with mutually agreed upon work orders. As of December 31, 2016, both contracts were placed on hold as the Company evaluates its strategic options for the ProstaScint product. If the contracts are not restarted, Aytu does not anticipate any future liability related to either contract.  
 
Service Agreement
 
In July 2015, Aytu entered into an agreement with Ampio, whereby Aytu agreed to pay Ampio a set amount per month for shared overhead, which includes costs related to the shared corporate staff and other miscellaneous overhead expenses. This agreement was amended in November 2015, April 2016, July 2016, and again in January 2017 resulting in an amount of $12,000 per month. This agreement will be in effect until it is terminated in writing by both parties.
 
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 September 2015, the Company entered into a 37 month operating lease in Englewood, Colorado. 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. 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:
 
 
 
Three Months Ended December 31,
 
Six Months Ended December 31,
 
 
 
2016
 
2015
 
2016
 
2015
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Rent expense
 
$
35,000
 
$
34,000
 
$
70,000
 
$
51,000
 
  
Sponsored Research Agreement with Related Party
 
In June 2013, Luoxis entered into a sponsored research agreement with TRLLC, an entity controlled by Ampio’s director and Chief Scientific Officer, Dr. David Bar-Or. The agreement, which was amended in January 2015, provides for Luoxis (now Aytu) to pay $6,000 per month to TRLLC in consideration for services related to research and development of the Oxidation Reduction Potential platform. In March 2014, Luoxis also agreed to pay a sum of $615,000 which is being amortized over the contractual term of 60.5 months and is divided between current and long-term on the balance sheet; as of September 2014, this amount had been paid in full. This agreement is set to expire in March 2019 but can be terminated earlier but not until after March 2017.